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First (rnrf'ninr(>f.\'ew Jnrk. 



» /,itk ■>•' Mifhfilii, I/Jj/asSAuJ/'MX 



LIVES 



THE GOVERNORS 



STATE OF NEW YORK. 



BY JOHN S. JENKINS, 

AUTHOR or THE "HISTORY OF THE WAR WITH MEXICO," "POLITICAL 
BISTORY OF KKW YORU," KTC. KTC. 



■ Sttom cuique tribuere.' 



AUBURN: 

DERBY AND MILLER. 
1851. ^ 



fiis 



Kiitered uccordijiK to Act of Cuiifjress, in ttie year 1^51, by 

DERBY AND MILLER, 

111 the Clerk's Office for the. Northern Disiricl «f T\\'w York. 



THOMA8 B. SMITH, STKHKOTYKlta, 

316 wiLU&ii sraitKT, w. •%. 



TG TKB 



HEV. SIMEON NORTH, LLD., 

PRESIBKNT Cr HAMILTON COLLEGE, 

(Ebis llolnmc is rcspcctfulln Snscribcb, 



LN TOKEN OF 



THE 6INr;EIlE REGARD AND ESTEEM OF 

THE AUTHOR. 



INTRODUCTION. 



Who is there that can look at New York as she is, 
and not be proud of her name and her character ? — 
who, among her inhabitants, whether descended from 
her sturdy Knickerbockers, or sprung from a Saxon 
stock, — whether he first drew breath amid her lovely 
hills and valleys, or was lulled in infancy by the soft 
breezes of another clime, — but has occasion to rejoice, 
daily and hourly, that his lot is cast in her 'pleasant 
places ?' 

What a development of national strength and great- 
ness is hers ! With one arm she clasps the heaving 
bosom of the x\tlantic, while the other is sporting among 
the tiny wavelets that break upon the shores of her in- 
land seas. One brief century ago, and the abodes of 
her people scarcely interrupted the continuous line of 
forest that extended from Manhattan Island to the brink 
of the Great Cataract. Now, her verdant plains and 
the grassy slopes of her mountains, are fairly gemmed 
with towns and cities, — the habitations of wealth and 
refinement, of peace and content. Once her population 
was counted by scores, — it is now numbered in millions. 
Her rivers and canals, all her great thoroughfares, teem 
with the rich products of the mighty, the illimitable 



VI INTBODUCTION. 

West ; while back through her territories, rolls the re- 
turning tide, laden with the treasures of other lands. 

She is great, too, in her scholars and her jurists, her 
poets and her philosophers, her divines and her states- 
men — in her honest and stout-hearted yeomanry, her 
merchant princes and her artisans. She is great in 
her memories of the Past — in her hopes of the Future. 
Every acre of her soil is holy ground. The legends 
of her border warfare are graven upon the hills and the 
rocks that witnessed the daring of her pioneers, and 
printed deep in the hearts of those whose ancestors fell 
beneath the tomahawk of the savage. The trophies of 
the Revolution may be found in the valley of the Hudson 
and on the heights of Saratoga, and its traditions are 
handed down from father to son with religious care, and 
annually recounted at ten thousand different firesides. 

She is rich in the arts and sciences ; in the sterling 
qualities of her citizens, in their industry and frugality, 
their enterprise and perseverance, their love of order 
and their respect for the law, and in their attachment 
to liberty and the union of these States. What member 
of the Confederacy has made greater sacrifices than 
she, to secure that end ? Her princely revenues were 
yielded to the Nation, — at a moment, too, when her 
statesmen, with prophetic vision, saw and foretold the 
greatness that would come upon her ; and yet she still 
possesses, in bounteous profusion, all the elements of 
wealth and prosperity. Why should we not be proud 
of New York ?— 

" Land of the forest and the rock, 
Of dark blue lake and mighty river — 
Of mountiiins roared aloft to mock 
The storm's career and lightning's shock— 
My own green laud forever !" 



INTRODUCTION. VU 

New York numbers among her sons, by birth or 
adoption, many great and distinguished men. She has 
her jewels toward whom she cherishes the same feehngs 
of pride that found a resting-place in the noble heart of 
the mother of the Gracchi. Some of these have re- 
ceived a full share of the honors in her power to bestow, 
and their memories are now held in grateful remem- 
brance. Others enjoyed no such distinction, however 
much it might have been merited, and they are almost 
forgotten, except by the few who knew and appreciated 
their worth. The memoirs of all would undoubtedly 
be replete with interest, but for obvious reasons I have 
selected those only who, as the rulers of the state, form 
a group by themselves. 

It has been to me a pleasure and a gratification, to 
trace the checkered careers of the eminent citizens, 
biographical notices of whom are contained in this 
volume, — to mark their aspirations and their strug- 
gles, their triumphs and their disappointments ; and I 
can only hope that others will be equally interested 
with myself The materials for a part of the memoirs, 
already before the public, or easy of access, were am- 
ple ; but in regard to others I found greater difficulty. 
Through the kindness of the personal or family friends 
of the subjects of the sketches, I have been enabled, 
however, to procure all the information I desired, with 
some few and comparatively unimportant exceptions. 
To all who have in any way assisted me, I owe the ex- 
pression of my sincere and hearty thanks. 

Occasionally I have been at a loss to reconcile con- 
flicting accounts, and at every step in the preparation 
of the work I have been struck with the truthfulness 
of the remark of a friend, that " the private history ol 



VIU INTRODUCTION. 

our public men is for the most part a succession of fa- 
bles." It will be perceived that I have frequently dis- 
agreed with the Political History of Judge Hammond. 
A critical examination of that work has convinced me 
that it contains many errors, as to dates and facts, 
which have escaped the corrections of the author; and 
I have not thought it advisable to rely upon his state- 
ments unless supported by other evidence. It is proper 
that I should add, inasmuch as I cannot speak from my 
own personal knowledge until within a very recent 
period, that where I have dilTered from him, except 
in regard to mere matters of opinion, n)y assertions 
are based upon information derived from sources of 
uncjuestionable authenticity, and from individuals per- 
sonally and particularly cognizant of the facts to which 
they relate. 

In justice to those who have aided me in procuring 
materials, as well as to myself, I should likewise state, 
that for the opinions, inferences, and conclusions, hav- 
ing reference to political questions, movements, and for 
the estimates of character, the writer is alone respon- 
sible. 

While preparing the meir.oirs, I have endeavored to 
keep in view the remark of Sir James Mackintosh, that 
" the biographer never ought to introduce public events 
except as far as they arc absolutely necessary to the 
illustration of cliaractci-." Too much copiousness of 
detail is, in like manner, reprehensible ; and I have at- 
tempted to avoid these common errors. Biography is 
like history, which, we are told, by an able and expe- 
rienced writer,* cannot be perfectly and absolutely 
true ; " for," says he, " to be perfectly and absolutely 

* Maoaulay. 



INTRODUCTION. JX 

true, it ought to record all the slightest particulars of 
the slightest transactions — all the thino;s done, and all 
the words uttered, during the time of which it treats. 
The omission of any circumstance, however insignifi- 
cant, would be a defect. If history were written thus, 
the Bodleian library would not contain the occurrences 
of a week. What is told in the fullest and most accu- 
rate annals bears an infinitely small proportion to what 
is suppressed. The difference between the copious 
work of Clarendon, and the account of the civil wars 
in the abridgment of Goldsmith, vanishes, when com- 
pared with the immensemassof facts, respecting which 
both are equally silent." 

The engravings accompanying this work are taken 
from designs executed by competent artists from origi- 
nal paintings, and they are believed to be faithful rep- 
resentations of the Governors of New York. 

As these volumes do not embrace memoirs of the 
governors anterior to the adoption of a state constitu- 
tion, a brief review of the colonial history of New York 
may be of interest to the reader : — 

The first permanent establishments made by any of 
the Euro])ean powers, within the limits of this state, 
were two small trading forts erected by the Dutch on 
Hudson river, and a few houses built on Manhattan 
Island, in the year 1G13. The States General of Hol- 
land claimed the whole interior country back of the 
coast line extending from the Connecticut to the Dela- 
ware river, by virtue of the discoveries of Henry Hud- 
son and other navigators who were in their employ, 
and bestowed upon it the name of " Nieu Nederlandt," 
or New Netherlands. The Dutch rapidly extended 
their settlements along the shores of the Hudson, and 

1* 



X INTRODUCTION. 

in 1624 it was thought hy the States General that the 
colony was of sufficient importance to require a formal 
government. 

Peter Minuit, or Minnewit, was sent out in that 
year as the first director, or governor, of New Nether- 
lands. The executive authority was vested in him and 
a council consisting of five members. Besides these 
officers, there was also a " schout fiscal," who was both 
the sheriff and the attorney general. Large tracts of 
land were granted by the States General to chartered 
companies, by whom they were subdivided into manors 
and granted to patroons. Smaller parcels were like- 
wise assigned to private individuals who did not aspire 
to the state and dignity of a patroon. 

Director Minuit returned to Holland in 1632, and in 
the following year, his successor, Wouter Van Tvviller, 
arrived out. The latter was too fond of schiedam to 
make a very useful officer, and as he was almost con- 
stantly intoxicated, the Dutch West India Company, 
who now controlled the province, removed him from 
office, as soon as they were advised of his conduct, and 
in 1637, William Kieft was appointed director in his 
place. Kieft was likewise addicted to intemperate 
habits, though he proved to be a much more faithful 
and energetic officer. He was cruel and vindictive. 
however, and provoked the Indians, hitherto on peace- 
ful terms with the colonists, to commit acts of hostility. 
Signal and just punishment was inflicted, as he thought, 
for the outrages they had committed. But the savages 
retaliated ; and one act of injustice after another finally 
exasperated them to such an extent, that the colony 
was in a constant state of alarm and excitement. 

The effects of the mal-administration of Director 



INTRODUCTION. XI 

Kieft were soon witnessed in the decrease of the colony 
at New Amsterdam, — as the settlement on the site of 
the present city of New York and the adjacent territory 
was called, — in the numher of its population and in 
wealth. Accordingly, he was recalled in 1645, and 
was succeeded by General Peter Stuyvesant, formerly 
director of the island of Cura^oa, who entered upon 
the duties of his office in 1647. 

Governor Stuyvesant was too strict and rigid an of- 
ficer to be popular, and at one time he was recalled by 
the States General, in compliance with the request of 
the inhabitants of the colony. Meanwhile the Puritans 
of the New England colonies had gradually encroached 
upon the settlements of the Dutch, and the English au- 
thorities began to lay claim to the whole territory. As 
a collision was apprehended, and as Governor Stuyve- 
sant was known to be an able officer, his recall was 
countermanded. It was in vain that he attempted to 
resist the encroachments of the English. They proved 
an overmatch for him, and after a protracted, but inef- 
fectual struggle to maintain the authority of his gov- 
ernment, he was forced, in 1664, to surrender the 
territory of New Netherlands to a large armed force 
commanded by Colonel Richard Nicolls, who had been 
sent out by the Duke of York, to whom the province 
had been granted by his brother, Charles II. 

Colonel Nicolls was appointed the first governor of 
the colony, which was now called New York, but in 
1667 he was succeeded by Colonel Francis Lovelace. 
Durinjr the administration of the latter, in 1673, the 
territory was recaptured by the Dutch, but it was re- 
stored to the English again in the following year. Sir 
Edmond Andross now assumed the reins of govern- 



XU INTRODUCTION. 

ment, but as he was absent for the greater part of the 
time, the Heutenant-governor, Anthony Brockholst, of- 
ficiated in his stead. 

Under the EngUsh rule, the province increased in 
wealth and population with great rapidity. The gov- 
ernors were repeatedly changed, however, and during 
the time the colony continued to be an appendage of 
the British crown — a period of about one hundred 
years — there were over twenty different persons placed 
at the head of the government, besides a number of in- 
terregnums, during which the president of the council 
for the time being exercised the chief authority. The 
governors were appointed by the English monarch, and 
all the important offices in the province were held by 
the same tenure, or by appointment from the governor. 
The members of the colonial legislature were chosen 
by the freeholders, but the powers of the former were 
limited, and as the governor had a veto on all their 
acts, they could do but little in opposition to his 
wishes, unless, as at the commencement of the Revolu- 
tion, they boldly set his authority at defiance. 

For upwards of sixty years the inhabitants of New 
York, particularly of the northern and western counties, 
were harassed by an almost constant state of warfare 
with the French and their Indian allies. The former 
had established trading posts at different points on the 
southern shores of the St. Lawrence and of Lake On- 
tario, and had erected a strong fortification at Niajrara. 
In 1759 this work was captured, mainly by the pro- 
vincial troops, and in the following year the Canadas 
were annexed to the British dominions. This cause 
of disturbance being removed, the colony assumed an 
air of quiet and tranquillity which it had never before 



INTRODUCTION. Xlll 

known. Agriculture and the arts of peace now flour- 
ished under the benign influences that were diflusing 
their blessings throughout the land ; and happiness and 
prosperity smiled in the remotest hamlet, and ligiited 
up the hearts and the c<mntenances of its inhabitants. 

This period of repose was of brief duration. The 
colonies had barely recovered from the embarrassments 
occasioned by the protracted border war, when they 
were again obliged to take up arms, not to flght the 
battles of Great Britain, but in defence of their dearest 
rights and privileges. The last royal governor w;is 
William Tryon, who appears to have been quite pop- 
ular among the inhabitants of the province. His con- 
duct was much less exceptionable than tiiat of most of 
the governors of the other colonies ; and had they all 
been equally kind and liberal, it is not improb.ible that 
the separation from the mother countiy, nltho'.igh it 
was sure to take place sooner or later, would have been 
postponed for many years. 

In May, 1775, the powers of the colonial govern- 
ment were suspended, and the suj)reme executive au- 
thority w-as then connnitled to the Provincial Congress. 
No further change took place till the year 1777, when 
a state constitution was adopted, under which George 
Clinton was elected the first governor of the State of 
New York. 



CONTENTS. 



GEORGE CLINTON '/•" 

The Clinton Family — Origin and History — Charles Clinton — 
His Emigration to America — Settlement at Little Britain — Posi- 
tion and Character — Death — Birth of George Clinton — Early 
Life — Commences the Study of the Law — Admitted to Prac- 
tice — Forebodings of the Revolution — Course of Clinton in 
the Colonial Legislature — Hia Influence — Elected a Delegate to 
the Continental Congress — Vote in Favor of the Declaration of 
Lidependence — Formation of a State Government — Elected 
Governor — The Whigs of New York — An Unjust Charge re- 
pelled — Campaign of 1777 — Attack on Forts Clinton and Mont- 
gomery — Escape of the two Brothers — Difficulty with Ver- 
mont — Re-election of Governor Clinton — Close of the War — 
Recommendations in Regard to Education and Internal Lnprove- 
ments — Inland Navigation commenced — Division of Parties — 
Confiscation Act — Surrender of the Lnport Duties at New York 
to the General Government — Opposition of Mr. Clinton to a 
strong Federal Government — The Fomider of the Republican 
Party in New York — President of the State Ratification Con- 
vention — Unsuccessful Attempt to defeat his Re-election — Mis- 
representation in Regard to his Conduct as a Commissioner of 
the Land Office — Tact and Ability as the Manager of a PoUtical 
Party — Contest between Clinton and Jay — Canvass of Votes — 
Republican Candidate for Vice-President — Declines a Re-elec- 
tion as Governor — Elected a Member of Assembly — Again 
chosen Governor — His Election to the Office of Vice-President — 
Re-election — Casting Vote on tlie Bill to renew the Charter of 
the United States Bank — Reasons for his Vote — His Death — 
Family — Character — Anecdotes — Memory. 



XVI CONTENTS. 

PAOB 

JOHN JAY 14 

Persecution of the Huguenot3 — Escape of Jay's Ancestors from 
France — His Grandfather settles in America — His Father — 
Kenioves inio the Country — Birth of John Jay — Early Educa- 
tion — Enters King's College — Character as a Student — Gradu- 
ates and studies Law — Anecdote — Admitted to the Bar — Suc- 
cess in his Profession— His Marriage — Takes the Part of the 
Colonists in their Struggle with the Mother Country — Elected 
a Delegate to the first Continental Congress — Address to the 
People of Great Britain — Extracts — A Member of the Com- 
mittee of Observation — Commencement of Hostilities — A Re- 
dress of Grievances, not Independence, the Object at first sought 
to be obtained — Mr. Jay prepares an Address to the People of 
Jamaica and Ireland — Appointed a Colonel of Militia — Elected 
to the Provincial Congress — The State Constitution drafted by 
him — Committee of Safety — Laborious Duties of Mr. Jay — 
Address of the Provmcial Congress to their Constituents — Ap- 
pointed Chief Justice of the Supreme Court of New York — 
Special Delegate to Congress — Resignation of the Chief Jus- 
ticeship — Circular Letter to the States — Minister to Spain — 
Escape from Shipwreck — Unsuccessful Attempt to conclude 
a Treaty — Commissioner to negotiate with Great Britain — 
Coiu-se of the French Government — Treaty of Peace — Return 
of Mr. Jay to the United States — Appointed Secretary for 
Foreign Affairs — Opposition to the Confiscation Act — The 
FederaUst — Chief Justice of the United States— Character as 
a Judge — Candidate for Governor of New York — Adverse 
Decision of the Canvassers — Special Envoy to England — Treaty 
of 1194 — Elected Governor of the State — His Recommenda- 
tions to the Legislature — Re-election — Independence and In- 
tegrity as a Politician — Federal Sentiments — Difficulty with 
the Council of Appointment — Retires to Private Life — De- 
chnes Re-appointment as Chief Justice— Death of Mrs. Jay — 
His Decease — Personal Appearance and Character. 



MORGAN LEWIS 132 

The Livingston Family — Francis Lewis — His Early Life and 
Character — Emigrates to America — Elected a Delegate to 
Congress — A Signer of the Declaration of Indeperdence — 
Birth of Morgan Lewis — Education — Elected Captain of a 
Volunteer Company in the Provincial Army — The Revolu- 



CONTENTS. XVU 

PAGK 

tion — Removal of Arms from the New York Arsenal under 
the Guns of the Asia — Appointed a Major in the Second Regi- 
ment — In the Staff of General Gates — Appointed Quarter- 
master-general — Campaign of 17*77 — Battle of Saratoga — En- 
gagement with the Indians at Stone Arabia — Close of the 
War — Studies Law and admitted to Practice — Elected a Mem- 
ber of Assembly — Pulitical Pi t-fereiices — Appointed Attorney 
General — One of the Judges of the Supreme Court — Chief 
Justice — Elected Governor of the State — Recommends making 
some permanent Provision for the Encouragement of Educa- 
tion — Foundation of the Common School Fund laid — Improve- 
ment of the Militia — Opposition to Mr. Lewis in the Republican 
Party — Candidate for Re-election — Ilis Defeat — Elected State 
Senator — Second War Avith Great Britain — Appointed Quarter- 
master-general — Promoted to Major General — Campaign un- 
der Dearborn — Expedition dowu the St. Lawrence — Placed in 
Command at New York — Pecuniary Advances to Prisoners 
and Contractors — Remissions of Rents to Tenants serving in 
the Army — Honorary Distmctions — His Death — Marriage — 
Character. 



DANIEL D. TOMPKINS 409 

His Father — Family History — Birth — Early Life — Education — 
Graduates at Columbia College and commences the Study of 
the Law — Admitted to the Bar — His Marriage — Political As- 
sociations — Elected a Delegate to the Convention of 1801 — 
Course in Regard to the Right of Nomination — Chosen a Mem- 
ber of Congress — Appointed an Associate Justice of the Su- 
preme Court — His Manner on the Bench — Nominated as the 
Republican Candidate for Governor — His Election — Supports 
the Measures of Mr. Jefferson — Dissensions in the Republican 
Party — The Ilmbargo and Non- Intercourse Laws — Re-election 
of Mr. Tompkins — Opponents of De Witt Clinton — Applica- 
tion for the Charter of the Bank of America — Bribery and 
Corruption — Prorogation of the Legislature — Favorable Effect 
of the Governor's Course — Support of Mr. Madison — War of 
1812 — Position of Governor Tompkins — Patriotic Conduct — 
Recommends the most Energetic Measures for carrying on the 
War — Course of the Federalists — Re-election of Tompkins — 
Firmness and Patriotism — Defence of the City of New York 
provided for — Manly and honorable Conduct of I'ufus King and 



XVIU CONTENTS. 

PASS 

others — ^Tlie Governor in Command at New York as Major 
General — Declines the Office of Secretary of Stute — War Billa 
passed by the LegisLiture — Treaty of Peace concluded — Im- 
provement of Inland Navigation recommended by the Gov- 
ernor — His Popularity in the State and Union — Presidential 
Canvass of 1810 — Erroneous Statements of Mr. Hammond — 
Meeting of the New York Members — Judge Spencer — Mr, 
Tompkins nominated as the Republican Candidate for the Vice- 
Presidency — Course of Martin Van Buren and Enos T. Throop — 
Re-election of Mr. Tompkins as Governor — Chosen as Vice Presi- 
dent — Resignation of the Gubernatorial Office — Recommends 
entire Abolition of Slavery in the State — Re-elected Vice-Presi- 
dent — Divisions in the Democratic Party in New York — Mr. 
Tompkins again nominated for Governor and defeated — Causes 
of his Defeat — His Accounts with the State — Unjust Asper- 
sions — Member of the Convention of 1821, and President of 
that Body— Retires to Private Life— 111 Health— His Death 
— Family — Character — Anecdote — Personal Appearance — Re- 
flections. 



DE WITT CLINTON 208 

General James Chnton — His Character — Revolutionary Ser- 
vices—Civil Offices tilled by him— Death— Birth of De Witt 
Clinton — His Education — Enters Columbia College — Character 
as a Student— Commences the Study of the Law — Convention 
of 1188 — Chancellor Kent — Appointed Private Secretary to 
his Uncle — Political Opinions and Preferences — Elected to the 
Assembly — State Senator — Member of the Council of Ap- 
pointment — Dispute in Regard to the Exclusive Right of Nomi- 
nation — Convention of 1801 — Removal of his Political Oppo- 
nents — Resolutions for amending the United States Constitu- 
tion — Standing in the Party — Chosen a Senator in Congress — 
Course in that Body — Debate on Ross' Resolutions — Speech of 
Mr. Clinton — Extracts — Appointed Mayor of New York — Re- 
signs his Seat in the Senate — Pieasous therefor — Elected to the 
State Senate — Measures advocated by him — Re-election — Re- 
moval from the Mayoralty — Course in Regard to the Embargo 
Act — Appointed a Commissioner to explore the Canal Route — 
Report of the Commissioners — Elected Lieutenant-Governor — 
Address on the Iroquois — Extract — Nominated for the Presi- 
dency — His Political Com-se— Result of the Election— His 



CONTENTS. XIX- 



PAGK 



Character as Mayor— Opposition in tlie State and National Ad- 
ministrations— Services during the War of 1812— Final Re- 
moval from the OtHce of Mayor— Effect on his Prospects— Me- 
morial in Favor of the Construction of the Erie and Cham plain 
Canals— His Agency in furthering this great Enterprise— To 
whom belongs the Merit of its Projection— Appointed a Canal 
Commissioner— Elected Governor of the State—Difficulties in 
the Council— Opposition to a Convention— Re-election— " Green 
Bag Message"— Removals from Office— Declines a Renomina- 
tioa— Removal from the Office of Canal Commissioner— Public 
Sympathy— The People's Party — Again nominated for Gov- 
ernor—Elected—Completion of the Canals— Celebration— De- 
chnes Mission to England— Western Tour— Re-election— Ab- 
duction of Morgan— I.ast Message— His Death— Honors paid 
to his Memory— His Family— Personal Appearance and 
Traits— Character as a Citizen— Attainments as a Scholar- 
Character as a Politician— Different Opinions. 



JOSEPH C. YATES 319 

His Ancestor emigrates to the Colony of New York— The 
Yates Family— Distinguished in the Revolution— Chief Justice 
Yates— Colonel Yates— Services in the French and Indian War 
and the Revolution— His Wife and Cliildren— Birth of Joseph 
C. Yates— Education— Difficulties— Studies Law— Admitted to 
the Bar— Commences Practice— Success as a Lawyer— One of 
the Founders of Union College— First Mayor of Schenectady— 
Political Associations and Pi'cferences— Elected to the State 
Senate— Appointed a Judge of the Supreme Court— Character 
as a Judge— Support of De Witt Clinton for President— Presi- 
dential Elector— Regent of the University— Constitution ol 
1821 Nominated for GoYcrnor- Result of the Election— Em- 
barrassing Position — First Message — Recommendations — Con- 
test for the Offices— Rejection of his Nominations by the 
Senate— Parties in a Republic— The Electoral Bill— Message 
of the Governor— Discussions in the Legislature— Resolution 
of Postponement— Opposition to his Administration— Personal 
Attacks— His Nomination defeated— Proclamation for an Extra 
Session— Adjournment of the Legislatm-e— Retires to Private 
Life— Participation in Political Affahs- His Death— Family— 
Gliaracter. 



IHI' CONTENTS. 

fasr 

MARTIN VAN BUREN 346 

His Ancestors — Birth — Education — Early Embarrassments and 
Struggles — Enters a Law OfBce — Practice in Justices' Courts — 
Political Opinions and Associations — Admission to the Bar — Pro- 
fessional Success — Marriage — Death of Mrs. Van Buren — His 
Children — Appointed Surrogate — Removal to Hudson — Legal 
Studies — Support »i Jefferson, Madison, and Tompkins — Oppo- 
sition to the Bank of the United .States and the Bunk of Amer- 
ica — Elected to the State Senate — Supports De Witt Clinton 
for the Presidency — Defence of the War Policy — Answer to the 
Governor's Speech — Choice of Clintonian Electors — Republican 
Address — War Measures — Speech before the Conference Com- 
mittee — Classification Law — Opposition to De Witt Clinton — 
Speech on his Death — Appointed At torney General — Removal — 
Elected to the Senate of the United States — Delegate to the 
Constitutional Convention — Conservative Course — Speech on the 
Freehold CiualiScation — The Appointing Power — Universal Suf- 
frage — The Judiciary Question — Take? his Seat in the Senate — 
Support of Monroe and Crawford — Oppo-ed to the Administra- 
tion of John Quiticy Adams — 'I'lie Panama Mis-^ion — His Speech 
—The Colonial Trade— The Tarirr Question- State of Parties in 
the Union — Support of General Jackson — Reelected to the 
Senate — Relations towank Do Witl Clinton — His Political Pros- 
pects and Position — Elected Governor — First Message — The 
Safety Fund System — Appointed Secretary of State — His Resig- 
nation — Minister to England — Rejection — Elected Vice Pres- 
ident — Character as a Presiding Officer — Elected President — 
Inaugural Address — Opposition to Abolitionism — Extra Ses- 
sion of Congress — The Conservatives — Passage of the Inde- 
pendent Treasury Bill — Recommendations — Management of the 
Foreign Relations — Proposed Annexation of Texas — Civil War 
in Canada — Renomination and Defeat — Annexation of Texas — 
Support of Mr. Polk — Slavery Question — Nominated for the 
Presidency — The Free Scjilers — Life and Character — Personal 
Appearance — Manners — Oratory — Style as a Writer — Mental 
Traits. 



ENOS T. THROOP 478 

Early History of his Family — Birth and Education — Studies 
Law — Residence in Albany — Admitted to Practice — Locates 
at Auburn — Political Course and Position — Appointed County 



CONTENTS. XXI 

Clerk — Removal from OflSce and Reappointment — Opposition 
to De Witt Clinton — Eleeted a Member of Congress— Speech 
on the Commercial Treaty— The Tariff— Compensation Act — 
His Defeat and Resignation— Support of Mr. Monroe — Friend- 
ship for Governor Tompkins — Removal from the Clerkship — 
Appointed Circuit Judge — Character on the Bench — Abduction 
of William Morgan — Antimasonry — Sentence of Conspirators — 
Elected Lieutenant Governor — Becomes Acting Governor — 
Address to the Senate— The Lateral Canals— Financial Policy 
of the State— The Chenango Canal— First Annual Message- 
Insane Poor — Review of the Financial Condition of the State — 
General Fund — Opposition to Lobby Corps— Elected Governor 
— Recommends the Abohtion of Imprisonment for Debt — 
Views on Borrowing Money — Dissatisfaction with a Political 
Life — The Chenango Canal Interest — Determination to Retire — 
The Asiatic Cholera — National Politics — Appointed Naval Offi- 
cer — Charge d'Affaires to the Kingdom of the Two Sicilies — 
Final Retirement to Private Life — Agricultural Pursuits — 
Style as a Writer — Personal Appearance — Habits and Character. 



WILLIAM L. MARCY 646 

Ancestors of Governor Marcy — Birth and Education — Enters 
Brown University — Cliaracter in College — Pi,emoves to Troy — 
Studies Law and commences Practice — Second War with Great 
Britain — Enters the Service as a Volunteer — Affair at St. 
Regis — Articles of " Vindex" — Appointed Recorder of Troy — 
Political Course — Intimacy with Jlr. Van Buren — His Removal 
from Office — Opposition to Governor Clinton — Appointed Ad- 
jutant General — Comptroller — Character as a Financial Officer 
Albany Regency — Appointed a Justice of the Supreme Court — 
Lockport Trials — Course on the Bench — Chosen a Senator in 
Congress — Defence of Mr. Van Buren — Speech on Party Pro- 
scriptions — The Apportionment Bill — The Tariff Question — In- 
ternal Improvements — Elected Governor of New York — Finan- 
cial Views — Tlie Chenango Canal — Tiie Banking Interest — 
The Pressure— Loan Law— The Whig Party— Reelection — 
Small Bill Law— Abolitionism— Elected for a third Term — 
Pressure of 18:]7 — General Banking Law — Indei)endent Treas- 
ury — Civil War in Canada— Defeat of the Democratic Party — 
Appointed Commissioner on Mexican Claims — Divisions in the 
Democratic Party — Secretary of War — The War with Mexico — 



XXll CONTENTS. 

rAOB 

Difficulty with Officers — Letter to General Scott — Retirement 

to Private Life — Character — Personal Appearance — Mental 
Traits — Political Course — Manner as a Speaker — Ability as a 
Writer. 



WILLIA3I H. SEWARD 601 

Early History of liis Family — Birth and Education — Enters 
Union College — Character as a Student — Address before the 
Phi Beta Kappa — Studies Law — Comnaences Practice at Au- 
burn — Character as a Lawyer — Forensic Floquence — Success in 
his Profession — Trial of Freeman — Political Associations — 
Support of Mr. Adams — Eulogy on his Death — Nominated for 
Surrogate and rcyected — President of Young Men's State Con- 
vention — Connection with Antiraasonry — Elected to the State 
Senate — 'Course in the Legislature — One of the Leaders of 
the Opposition Part)' — Chenango Canal — United States Bank 
• — Removal of the Depo^its — His Speeches — Nullification — 
— Opinions in the Court of Errors — Death of Mr. Maynard — 
Mr. Seward at the head of the Opposition — The Whig Party — 
Nominated for Governor and Defeated — Elected Governor — 
First Message — Rticommendations — Financial Policy — Course in 
regard to Internal Improvements — Anti-Rent Difficulties — Con- 
troversy with the Authorities of Virginia — New York School 
Question — Reelection — Trial of McLeod — Misfortunes of the 
Whigs — Law of 184'2 — Declines a Reiiomination — Resumes the 
Practice of his Profession — Elected to the United States Sen- 
ate — Admission of California — The Slavery Question and Mr. 
Clay's Compromises — Speech of Mr. Seward — The Higher 
Law — French Spoliations — Proposition to abolish Slavery in 
the District of Ct)lumbia — Personal Appearance — Marriage — 
Character of his Mind — Love of Study — Manner as a Speaker 
— Addresses — Style — Political Course — Prospects. 



WILLIAM C. BOUCK 8S3 

German Palatines — Enrly Settlement of the Schoharie Valley 
— Family of Governor Bouck — Birth and Early Life — Advan- 
tages in respect of Education — His Character — ^Becomes an Ac- 
tive Politician — Town Clerl; and Supervisor of his native Town 
—Appointed Sheriff of Sehoharie — Elected a Member of As- 
sembly — State Senator — Pohtical Course — Appointed a Canal 



CONTENTS. XXlll 

P1.GB 

Coramiisioner — Work o» the Western Section of the Eric Canal 
— Its Completion — Other Canals constructed by him — In Favor 
of Enlarging the Erie Canal — His Removal from Office — Popu- 
larity — Nominated for Governor and Defeated — Divisions in the 
Democratic Party — Conservatives and Radicals — Law of 1842 
— Views of Mr. Bonck — Elected Governor — Embarrassments 
of his Administration — Feuds among the Democrats — Opposi- 
tion of the State Officers — Appointments to Office — Mistaken 
Policy — The State Finances and the Canals — Wis Recommenda- 
tions — Opposition to his Renomination — Nomination of Mr. 
Wright — Anti-Rent Difficulties — Delegate to tlie Constitutional 
Convention — Appoiisted Assistant Treasurer — Removal — Re- 
tirement to Private Life — His Marriage — Character. 



SILAS WRIGHT 722 

History of his Faiiiily — His Parents — Birth and Early Life — 
Youthful Character — Education — Enters Middlebury College — 
Teaches School — Politics of his Fatiier — War of 1812 — Com- 
mences the Study of tiie Law — Roger Skiuucr — Admitted 
to the Bar — Locates at Canton — Professional Character and 
Success — His Popular Manners — Appointctl Surrogate — Jus- 
tice of the Peace and Commissioner of Deeds — Offices in the 
Militia — Elected to the State Senate — The Electoral Question — 
Support of Mr. Crawford — " The Seventeen Senators" — Re- 
moval of De Witt Clinton — Defeat of Judge Spcncei- — Character 
and Standing of Mr. Wright in the State Senate — Chosen a 
Member of Congress — Report on the Canal and Financial Policy 
— His Position — Opposition to Monopolies and Irresponsible 
Banks— Tlie Tariff Law of 1828~Reclcction — Abolition of 
Slavery in the District of Columbia — Appointed Comptroller — 
Character as a Financial Officer — Elected United States Senator 
— Course as a Politician — The American Senate — His Conduct 
Olid Character — Marriage — Support of Jacks<:)n's Administra- 
tion — ^Removal of the Deposits — Speecli on the New York Reso- 
lutions — Eh)0[uent Defence of General Jackson — Support of Mr. 
Van Buren — The Independeut Treasury — Reelection of Mr. 
Wright — His Course in Regard to Abolitionism — The Wilmot 
Proviso — Fourth of July Oration — Annexation of Texas — Op- 
position to Whig Measures — Defeat of Mr. Van Buren in the 
National C<jnvention— Mr. Wright declines Nomination for the 
Vice Presidency — Elected Governor of New York — Financial 



XX17 CONTENTS. 

PASS 

Views — Divisions in ibe Party — His true Policy — The Con- 
vention Bill — Veto of the Canal Bill — Opposition of the Hunk- 
ers — The Anti-Rent Difficulties — The Constitutional CoiiYention 
■ — Renoiuination — His Defeat — Death — Its Caust — Agricultu- 
ral Address — Appearance and Character. 



JOHN" YOUNG Yes 

His Parents — Birth and Education — Difficulties and Embarrass- 
ments — Commences the Study of the Law — Admitted to Prac- 
tice — Establishes himself at Gencseo — Professinual Character 
and Success — Political Course — Candidate for County Clerk — 
Becomes an Antimasou — Elected a Member of the Assembly — 
Service in the Legislature — Cho:ien a Member of Congress — 
Whig Manifesto — Reelected to the Assembly — Piominence of his 
Position — The Convention Bill — Speeches — Reasons for sup- 
porting the Convention Bill — The Canal Bill — Views in regard to 
the Canal and Financial Policy — Beclection — The "War with 
Mexico — In favor tvf Supporting the Country — Reinarks in the 
Legislature — Divisions among the Whigs — Elected Governor — 
. His Messages — Proceedings of the Legislature — The Slavery 
tiuestion — His Administration — Appointments to Office — Inde- 
jiendent Course — Pardon of the Anti-Renters — Support of Gen- 
eral Taylor — Friendship for Mr. Clay — Appointed Assistant 
Treasurer — The National Whigs — His Political Prospects — 
Character — Marriage. 



HAMILTON FISH 81S 

His Family — Ei\rly History — Education — Leaves College — 
Commences the Study of the Ijiw — Admitted to Practice — En- 
gages in Politics — Appointed Commissii^ier of Deeds — Member 
of Assembly — Character as a Legislator — Chosen a Represent- 
ative in Congress — Service in that ^Body — Candidate for Lieu- 
tenant Governor — Defeated — Elected Lieutenant Governor- 
Chosen Governor of the State — His Administration — Moderate 
Course — Popularity — The Slavery Question — Extracts from his 
Messages — Recommendations — Ineffectual Attempt to elect 
him United States Senator — Character — Conclusion. 



THE GOVERNORS 



STATE OF NEW YORK. 



GEORGE CLINTON. 

American History numbers few more honored names, 
amono; the distincjuished men whose merits and virtues 
she records, than that of George Clinton. Not for 
the possession of extraordinary genius or brilUant pow- 
ers of oratory, — not for his skill and ability as a sol- 
dier, — is he thus preferred above so many worthy com- 
peers ; but for the sterling good sense that characterized 
him as a man, his firmness and independence as a 
statesman, and that incorruptible patriotism which was 
often tried, yet never found wanting. The same rela- 
tion that Washington sustained to the Union, he bore 
to New York : — the one was the Father of his country, 
and the other the Pater Patrice of his native state. 
Each did his duty well ; and when he lay down to die, 

2 



26 GEORGE CLINTON. 

troops of good deeds, like angels, thronged about his 
couch, and buoyed him safely up when on the threshold 
of another world. 

Friendship, with its sympathetic grasp and warm 
embrace, may comfort and cheer, — affection, with its 
soft, sweet tones quivering with the pulsations of the 
throbbing heart, may soften the pillow of the dying, 
and relieve many of the pangs and pains of mortal suf- 
fering ; but, aside from the hope of the Christian, thei'e 
is no talisman that can so rob the grim warrior who 
unlocks the portals of the tomb, of his power to harm, 
as a well-spent life. Warriors and statesmen who turn 
aside from the weary pilgrimage of the world, to medi- 
tate amid the hallowed shades of Mount Vernon, or 
beside the sculptured tomb of Clinton, may well afford 
to pattern after the lives, and to profit by the examples, 
of those to whose memories they pay this brief tribute 
of veneration and respect. 

The Clinton family is of English origin ; and their 
ancestor, William Clinton, from whom they trace their 
descent in a direct line, was one of the most devoted 
adherents of Charles I. during the imbittered and bloody 
strife between him and his subjects. After the unfor- 
tunate monarch had sacrificed his crown for a punctilio, 
and lost his life in defence of the kingly prerogative, 
Clinton, who then held a commission in the royal army, 
fled to the continent to escape from the fury of Crom- 
well and his troopers, who were busily hunting down 



FAMILY HISTORY. 27 

every cavalier that continued faithful to the fortunes 
of the house of Stuart. He remained for a long period 
in exile, — spending his time partly in France, and partly 
in Spain. He ultimately returned to Scotland, how- 
ever, where he married a lady by the name of Kennedy. 
His personal safety being jeoparded, in consequence 
of his loyalist principles, he crossed over to the north 
of Ireland, where he subsequently died, leaving behind 
him an orphan son, by the name of James, who was 
only two years of age. 

When James attained his majority, he went to Eng- 
land, to attempt the recovei'y of his ancestral patrimony, 
of which his father had been deprived, and which he 
had been unable to recover during his lifetime. Charles 
II. was now firmly seated on the throne of his ancestors, 
but the claim appears to have been barred by a limita- 
tion in an act of parliament. Though disappointed in 
one suit, young Clinton pressed another with complete 
success. The family chronicles do not inform us that 
he had become republicanized in his notions ; but, 
though all danger of the popular fury had long since 
passed away, he thought proper to cool the loyalist 
ardor which he might have inherited, by an infusion of 
Puritanism ; and when he returned to Ireland, he was 
accompanied by his new wife, Elizabeth Smith, the 
daughter of a captain in the quondam army of the Lord 
Protector. 

After his marriage, James Clinton settled perma- 
nently in the county of Longford, where his son Charles 



''Ira GEORGE CLINTON. 

was born, in the year 1690. On arriving at man's es- 
tate, the latter married a Miss Elizabeth Denniston ; 
and in the spring of 1729, having become satisfied that 
the incentives to industry and enterprise were greater 
in the new world than in the old, and that personal 
freedom was not subject to so many irksome restric- 
tions, he resolved to emigrate to America with a num- 
ber of his friends and neighbors, who shared in his feel- 
ings and concurred with him in opinion. Towards the 
month of May, the party of colonists, ninety-four in 
number, embarked from their emerald home, to ex- 
change its comparative comforts and luxuries for a life 
in the western wilderness. The family of Clinton con- 
sisted of himself and wife, two daughters and one son. 
Among tiie immigrants was Alexander Denniston, his 
brother-in-law. 

A sufficient stock of provisions was laid in for an or- 
dinary passage to New York ; but it soon became evi- 
dent that the captain was protracting the voyage un- 
necessarily, upon one pretence or another, in the 
expectation, either that he would be liberally paid by 
the passengers, or that if they were starved to death, 
he might possess himself of their property without 
being questioned in regard to the right so to do. Daily 
he grew more arrogant, and the condition of the immi- 
grants became worse. Disease and death began to 
appear among them, and Clinton was deprived both of 
his son and a daughter. The crew and passengers 
were several times on the point of rising against the 



EMKiRATlOX TO AMEFaCA. 29 

captain, and taking possession of the vessel. The party 
ot" iniDiigrants regarded Clinton as their leader and head 
in any emergency, inasmuch as he had enjoyed greater 
advantages of education than his friends ; hut he dis- 
suaded them from engaging in any act of mutiny unless 
all the subordinate officers of the ship would unite with 
them. His prudent and pacific counsels w^ere regarded ; 
and, at length, the captain was induced by the ofter of 
a large sum of money, to expedite the speed of his 
vessel. 

After a tedious passage of nearly five months' dura- 
tion, the ship finally arrived ofi" Cape Cod in October, 
where the immigrants landed. The season being now 
so far advanced, they remained here till the following 
spring (1730), when they removed to Ulster county, 
in the then colony of New York.* C]into:i, and his 
two friends, Alexander Denniston and John Youno; 
bought three farms adjoining each oth.er, in the virgin 
wilderness at the foot of the Highlands ; and, mindful of 
the father-land, that stiil claiined a portion of their af- 
fections, and to whose sovereign their faith and aUe- 
giance were yet due, they named the small and harmo- 
nious settlement which they founded. Little Britain. 
At that time, it formed a part of Ulster county, but 
with other territory, was subsequently annexed to the 
county of Orange. 

* Dr. Hosack, iu Lu Memoir of Dewitt Clinton (p. 2.")), fixes the date 
of tlie removal to New York in 1731 ; but this is obviously an error. 
(See Journal of Joseph Young, in the Appendix to the Memoir, p. ISO.) 



d^ GEORGE CLINTON. 

In this secluded retreat, surrounded by the hardy 
yeomanry whose descendants, at a subsequent day, 
contributed so essentially to the achievement of Ameri- 
can independence, Charles Clinton occupied himself in 
the care of his limited fortune, the cultivation of his 
farm, the instruction of his children, and the discharge 
of the various public duties devolved upon him by the 
partiality of the colonial authorities or his fellow-citi- 
zens. Being a good mathematical scholar, he was 
fre(iuently em])l()ycd by his neighbors as a surveyor. 
Shortly after his arrival and settlement in the colony, 
he was appointed a justice of the peace and a judge of 
the common pleas of Ulster county. In 1756, he was 
commissioned by Governor Sir Charles Hardy, as a 
lieutenant-colonel of militia, and in the summer of 1758, 
accompanied Colonel Bradstreet, at the head of his 
regiment, in which two of his sons were officers, in the 
bold, ra))id, and successful movement on Fort Fronte- 
nac* Repeated offers of advancement in a civil or 
military career, were made to him by the British gov- 
ernors, but the tempting allurements of rank and station 
were not powerful enough to wean him from the life 
of quiet and ease which he so much preferred ; and 
considerations of duly to his adopted country alone 
induced him to accept the official trusts bestowed upon 

* Previous io tlds time he liaJ been stationeJ with lii.s regiment in 
the valley of the Mohawk. He constructed the fort at German Flats, 
•which was afterwards repaired and called Fort Herkimer. 



HIS FATHER. 31 

him, which were received without solicitation, and 
suri'endered without regret. 

Happy in the enjoyment of a respectable competence, 
and the possession of attached friends and a devoted 
family, his life glided smoothly on down the current of 
time. The education of his children was a subject of 
particular interest to him, and he was ardently desirous 
to fit them for stations of usefulness. He superintended 
their instruction himself, and was assisted in his ' labor 
of love' by the Rev. Daniel Thain, who had been edu- 
cated at the University of Aberdeen. Having attained 
a good old age, respected and revered by all who knew 
him, for his intelligence, his usefulness as a citizen, and 
his manifold private vLi'tues, he died at his residence, 
in peace, on the 19th day of November, 1773, just on 
the eve of the struggle which severed the political ties 
between the land of his fathers, and the home of his 
adoption. By those who knew him personally, he is 
described as a man of commanding presence, tall in 
stature, easy and courteous, yet dignified in his manners, 
and kind and generous in disposition. He foresaw the 
contest with the mother country, and both by precept 
and example encouraged his fellow-citizens and his 
children in their opposition to her usurpations. He 
was a warm friend, an affectionate husband and father, 
a true patriot, and a sincere Christian. 

" His wife," says Mr. Campbell, in his Sketch of the 
Clinton family, " was an accomplished and intelligent 
woman. She appears to have been well acquamted 



33 GEORGE CLINTON. 

with the military operations of the times, and to have 
shared largely in the patriotic ardor of her husband 
and her sons. She died at the residence of her son 
James, on the 25th of December, 1779, in the 75th 
year of her age."* 

They had one daughter, Catharine, born in Ireland, 
and four sons after their arrival in this country, who 
reached man's estate. The former died before her 
father, but was married to Colonel James M'Claughry, 
afterwards an officer of skill and merit in the revolu- 
tionary army. Of the sons, Alexander, the eldest, 
graduated at Princeton and became a physician ; 
Charles also studied medicine, and, in the capacity of 
a surgeon, was present at the taking of Havana in 1762, 
after which he returned to Ulster county where he 
practised his profession ; James, the third son, was a 
soldier from his youth up, and became justly distin- 
guished for his services as a general officer in the war 
of the revolution ; and George, the youngest, is the 
subject of this sketch. 

George Clinton was born at his father's residence, 
on the 26th day of July, 1739, and was probably named 
after Admiral George Clinton, son of the Earl of Lin- 
coln, and who was subsequently colonial governor of 
New York, from 1743 to 1753.t He was a youth of 

* Life and Wiitin;js of Dewitt Clinton, p. 11. 

f It is said, I kno-w not with ho-w much truth, that the Clinton family 
were remotely connected willi that to which Admii-al George and his 
son Sir Henry belonged. 



EARLY LIFE. 33 

quick parts, and early discovering great natural shrewd- 
ness, with a corresponding decision and force of char- 
acter, he was destined by his father for the legal pro- 
fession. He was by no means aA^erse to study, yet it 
would seem that, even in early life, he was of an active 
and enterprising spirit, and not disinclined occasion- 
ally to lay aside his books and incur the hazards and 
chances of war. Soon after the commencement of 
the second contest with the French and their Indian 
allies, in 1755, he left home clandestinely, and entered 
on board a privateer which sailed from the port of 
New York. After encountering a great many hard- 
ships and perils, which do not appear to have tamed 
his spirit or cooled his ardor, he returned in time to 
accept a subaltern's commission under his brother 
James, who commanded a company in the regiment 
of their father. He accompanied the Expedition 
against Fort Frontenac, and with his brother, at the 
head of their company, performed an act of gallant 
daring in the capture of one of the enemy's vessels. 

Hostilities havino; terminated, he entered the ofRce 
of William Smith, the Chief Justice and historian of 
the colony, at that time one of the most eminent prac- 
titioners in the city of New York. In due time he 
was admitted to the bar, and commenced the )>ractice 
of his profession in his native county, where, for sev- 
eral years, he held the office of clerk of the common 
pleas. His prospects of success were highly flatter- 
ing, and the emoluments of his professional calling 

2* 



mt GEORGE CLINTON. 

<■ ■ V- 

soon equalled his most sanguine expectations. To 
straightforward common sense, and an accurate knowl- 
edge of human nature, he united those qualities of the 
heart, that frankness of disposition, and that kindness 
and suavity of manner, which are pretty sure to at- 
tach to the fortunate possessor hosts of warm and de- 
voted friends ; and few young men ever acquired a 
greater share of personal popularity, at so early a 
period in life. 

In the month of October, 176.5, the delegates of the 
colonies assembled at New York to take into consid- 
eration the measures rendered necessary by the pas- 
sage of the Stamp Act. The repeal of the obnoxious 
law in the following year quieted for the time the ex- 
citement which had been produced ; but the fires of 
revolution had been smothered only, and were not sub- 
dued. Young Clinton now entered the colonial legis- 
lature as a member from the county in which he re- 
sided, and was continued in that capacity till his 
subsequent election to the continental congress. Prom- 
inent among his associates was Philip Schuyler, who 
with him battled manfully against the loyalist ma- 
jority in the assembly. Schuyler and Clinton were 
the recognized leaders of the minority — the Pym and 
the Hampden of that colonial parliament, to whose 
exertions was chiefly owing the early and decided re- 
sistance of the province to the aggressions of Great 
Britain. 

It can detract nothing from the sterling merit, noth- 



INLFUENCE IN THE COLONIAL ASSEMBLY. 35 

ing from the unquestionable patriotism of Schuyler, to 
say that Clinton exercised the most influence in the 
body of which they were members. As Clarendon 
remarks of the distinguished leader of the popular 
party in the Long Parliament, " His power and in- 
terest at that time were greater to do good or hurt 
than any man's in the kingdom ; * * * for his reputa- 
tion of honesty was universal, and his affections 
seemed so publicly guided, that no corrupt or private 
ends could bias them. * * * * He was, indeed, a very 
wise man and of great parts, and possessed with the 
most absolute spirit of popularity, and the most abso- 
lute faculties to govern the people, of any man I ever 
knew."* 

As the period approached when it became certain 
that a redress of grievances could not be attained by 
the colonies without a resort to arms — the ultimata 
ratio of subjects as well as of kings — Clinton, and his 
friends and associates, took a more decided stand. It 
did not require the dying admonition of his father, 
who, with his latest breath, conjured his sons " to stand 
by the liberties of America," to arouse his patriotism 
or quicken his zeal. Personal considerations there 
were, which, had his heart been less firm and his prin- 
ciples less fixed, might have swerved him from the 
cause of the right. His friend and legal preceptor, 
after wavering and hesitating for a long time, finally 
took part with the crown ; official honors that might 

* History of the Rebellion. 



36 GEORGE CLINTON. 

have dazzled many an aspirant to fame would have 
been gladly heaped upon him by the colonial author- 
ities, had he but signified his adhesion to the loyalist 
party ; and shortly after the contest commencfed, the 
son of his father's friend, Sir Henry Clinton, was en- 
trusted with a high comman 1 in the royal army. It 
was not too late even then to retract; but where he 
had cast his lot he preferred to remain, not from ne- 
cessity but from choice. With Jay and Livingston, 
Yates and Lansing, Hobart, Du;:ne, Scott, M'Dougal, 
Morris, Hamilton and Duer, he continued true and 
steadfast to the last. With tliem he associated in 
council, with them he perilled I'fe and fortune ; and 
although ditferences in regard to questions of public 
policy ultimately sprang up between them, the friend- 
ships formed amid the trying scenes of the Revolution 
were never obliterated. 

On the 22d day of April, 1775, Mr. Clinton was 
elected one of the delegates to the second continental 
congress, by the provincial convention or congress 
which met at New York. He took his seat on the 
15th of May following. In the body to which he was 
now transferred, he advocated all the warlike measures 
that were adopted, and in the following year was pres- 
ent and voted for the Declaration of Independence. 
In consequence, however, of the invasion of New 
York, and the internal strife and dissensions occasioned 
by the loyalists, he hastened home to assume the com- 
mand of the militia of Ulster county — he having been 



ELECTED GOVERNOR. 37 

appointed a general of brigade — and to assist in the 
preparations for defence then being made ; from which 
cause he was absent at the time that instrument was 
regularly signed. 

The national declaration was approved by the New 
York provincial congress, then in session at White 
Plains, on the 9th of July, 1776 ; and on the ensuing 
day that body formally assumed the title of " The Con- 
vention of the Representatives of the State of New 
York." In accordance with the recommendations of 
the Continental Congress, measures were soon taken 
for the formation of a State Constitution. A conven- 
tion was held for that purpose in April, 1777 ; and on 
the 20th instant, a constitution drafted by John Jay, 
one of the members of a committee previously selected 
to perform the task, was duly adopted. Under this 
constitution, in the month of June following, George 
Clinton was elected, with great unanimity, both as 
governor and lieutenant-governor. Having accepted 
the former ofRce, the duties of the latter were per- 
formed by Pierre Van Cortlandt. Robert R. Living- 
ston was appointed by the convention, chancellor of 
the state ; John Jay, Chief Justice, and Robert Yates 
and John Sloss Hobart, Associate Justices, of the Su- 
preme Court ; John Morin Scott, Secretary of State ; 
Egbert Benson, Attorney-general ; and Comfort Sands, 
Auditor-general. 

In the position of affairs at this crisis, it may truly 
be said, that Governor Clinton entered on the perform- 



38 GEORGE CLINTON. 

ance of the duties of his high office under circum- 
stances of great embarrassment. It is well known that 
a very large proportion of the population of the state 
were either open and avowed loyalists, or at heart un- 
friendly or indisposed to the cause of independence. 
" Of all the colonies," says the son and biographer of 
INIr. Jay, " New York was probably the least unani- 
mous in the assertion and defence of the principles of 
the revolution. In almost every county there were 
many who openly sided with the mother country, and 
still more who secretly wished her success, and impa- 
tiently waited for the moment when they might, with- 
out personal danger, claim the reward of loyalty. The 
spirit of disafiection was most extensive on Long 
Island, and had probably tainted a large majority of 
its inhabitants. In Queens county, in particular, the 
people had, by a formal vote, refused to send repre- 
sentatives to the colonial Congress or Convention, and 
had declared themselves neutral in the present crisis."* 
Availing themselves of the prevailing spirit of dis- 
affection, the British officers who conducted the military 
operations against the revolted colonies, turned their 
whole power, during the campaigns of '76 and '77, 
against the state of New York. It was designed to 
establish a chain of communication, or line of posts 
and fortifications, from Sandy Hook to the St. Law- 
rence ; and this cut off" New England, the hot-bed of 
sedition and rebellion, from the support of the southern 
* Life of John Jaj, vol. i. p. 41. 



NEW YORK DURING THE REVOLUTION. 39 

provinces. Indeed, throughout the whole period of 
the revolution, this was a prominent object of the 
royal commanders ; or, at least, it was never aban- 
doned until the treason of Arnold had failed to secure 
the key of the Hudson. Meanwhile, then, New York, 
with the assistance generously contributed by her sister 
colonies, but no more than her due, was not only 
defending her borders from the murderous forays of 
Indians and Tories, but fighting the battles of New 
England. Her whole seaboard was in possession of 
the enemy, and her western and northern frontiers girt 
by a cordon of merciless and infuriated savages, 

' More fell than tigers on the Libyan plain." 

All the settlements in the interior of New York, 
comprised within a line extending westwardly from 
the Sacondaga to the rich alluvial flats at the con- 
fluence of West Canada creek and the Mohawk, — 
thence south along the valley of the Unadilla and 
eastwardly to the Kaatskill mountains, — were con- 
stantly agitated by scenes of bloodshed, devastation, 
and murder. Of the whole white population, full 
one third, consisting mainly of the Scotch and English 
settlers, were zealous and active loyalists ; another 
third were either butchered, or driven from the country 
by the savages ; and among the remainder, when the 
horrors of that protracted war were ended, there were 
more than three hundred widows and two thousand 
orphans. Tryon county might well be called the 



40 ,, GEORGE CLINTON. 

Acaldama of the revolution ; for though gi'eater 
battles, in which superior numbers were engaged, may 
have been fought on other fields, " in no other section 
of the confederacy were so many campaigns per- 
formed, so many battles fought, so many dwellings 
burnt, or so many murders committed." * 

There was scarce a whig family in this whole 
district but mourned the loss of its nearest and dearest 
relatives. Not a few were deprived of every male 
member; and some, from the gray-haired sire to the 
infant smiling on its mother's breast; were totally 
annihilated. The matron saw her son go forth at 
early dawn, in the pride of his manly strength, — but 
he never returned. The husband and father fell dead 
upon his threshold, mingling his life-blood with that 
of the feeble and tender ones who had looked to him 
in vain for protection. Truly, those were times of 
fearful peril and anxiety, and none felt it more keenly 
than that feeble band, who formed a living breastwork 
against the avalanche of dark warriors rolling down 
from the north ; when woman, weak and timid though 
she was, sometimes forgot the kindlier graces and 
gentler attributes of her nature, — in one moment lis- 
tening with swelling bosom and trembling lips to the 
soft tale of love, and in the next, steeling her heart 
with a high courage, in defence of those for whom she 
was ready to peril everything but honor. 

In view of these undisputed facts staring the histor- 

» Stone's Life of Brant, vol. ii. p. 236. 



THE WHIGS OF, NEW YORK. 41 

ical reader in the face, how ungenerous is the sneer, 
how unworthy the charge of a New England writer,* 
that New York was slack and remiss in her duty, — 
that she did not furnish her quota of troops, when 
nearly one half of tlie whig population Vv'ere waging 
an unceasing warfare in defence of their firesides, of 
their wives and their children ! What though the 
disproportion between the whigs and loyalists had been 
still greater, — should this detract, in aught, from the 
determined stand, and the praiseworthy conduct, of 
those who made common cause v.ith their brethren in 
the other colonies, though suffering far less from the 
evils of which the latter complained ? What if nine 
tenths of the inhabitants had welcomed Tryon and 
Hov.'e with open arms — all honor, still, to Clinton and 
Jay, and their noble compeers, who could not be se- 
duced from the high purpose they had sworn to ac- 
complish, by the allurements of royal favor, and who 
never " despaired of the republic," when the land was 
shrouded in darkness and gloom. 

During the latter part of the year 1776, General 
George Clinton had occupied the passes and forts in 
the Highlands with a considerable militia force, in 
order to prevent the British from ascending the river. 
In the spring of 1777, at the request of the state, the 
national Congress decided to select a commander of 
the posts in that quarter. This appointment, with the 
rank of a brigadier general in the continental service, 

* Sabine's American Loyalists, pp. 17, 18. 



m^ GEORGE CTLINTON. 

was accordingly conferred upon him ; and it need 
scarcely be added, that all its duties were discharged 
faithfully and with promptitude. 

The first republican legislature of New York met at 
Kingston, on the 1st day of September, 1777. Owing 
to the distracted state of the country, a quorum of the 
members did not arrive till the 10th instant; when 
Governor Clinton delivered, orally, his first official 
address. It was brief, but pertinent, and, of course, 
almost entirely occupied with the engrossing subject 
of the war. At this time, it will be recollected, 
General Burgoyne had advanced from the north, at 
the head of a numerous and well-appointed body of 
troops, almost to within striking distance of Albany, 
at which point he hoped to effect a junction with the 
southern army. It, therefore, became highly important 
to the success of this project, that the British then in 
possession of the city should secure the posts in the 
Highlands, and thus obtain the command of the river. 
The absence of Washington at the south with the 
great body of the continental army seemed to favor 
the contemplated movement ; and on the arrival of the 
reinforcements which had been for some time expected, 
Sir Henry Clinton, the officer in command at New 
York, made immediate preparations for the ascent of 
the river. 

On the 4th day of October he landed at Tarrytown 
with over three thousand men, — designing to mask the 
enterprise he had in view by threatening an attack 



ATTACK ON THE HIGHLANDS. 43 

upon Peekskill, at which place lay General Putnam 
with one thousand continental troops. Intelligence of 
the enemy's movements was immediately communi- 
cated to Governor Clinton by express, who forthwith 
prorogued the legislature, and hastened to the defence 
of the posts, where his brother General James Clinton 
had been left in comhiand with but about six hundred 
militia. These were Forts Clinton and Montgomery, 
on the west side of the river, opposite the lower 
Anthony's nose. The two fortifications were sepa- 
rated from each other by a narrow stream, emptying 
into the Hudson ; and, if completed, would have been 
almost impregnable. But, although they were still in 
an unfinished state, they commanded the passage of 
the river, the channel of which was obstructed by 
chevaux-de-frise, a boom and chains. 

" In the meantime," says the account of this attack 
in the American Biographical Dictionary, " the British 
troops were secretly conveyed across the river, and 
assaults on our forts \^'ere meditated to be made on the 
6th, which were accordingly put in execution, by at- 
tacking the American advanced party at Doodletown, 
about two miles and a half from Fort Montgomery. 
The Americans received the fire of the British, and 
retreated to Fort Clinton. The enemy then advanced 
to the west side of the mountain, in order to attack 
our troops in the rear. Governor Clinton immediately 
ordered out a detachment of one hundred men towards 
Doodletown, and another of sixty, with a brass field- 



GEORGE CLINTON. 



piece, to an eligible spot on another road. They were 
both soon attacked by the whole force of the enemy, 
and compelled to fall back. It has been remarked, 
that the talents, as well as the temper of a commander, 
are put to as severe a test in conducting a retreat, as 
in achieving a victory. The truth of this Governor 
Clinton experienced, when, with great bravery and the 
most perfect order, he retired till he reached the fort. 
He lost no time in placing his men in the best manner 
that circumstances would permit. His post [Fort 
Montgomery], however, as well as Fort CUnton, in a 
few minutes were invaded on every side. In the 
midst of this disheartening and appalling disaster, he 
was summoned, when the sun was only an hour- high, 
to surrender in five minutes ; but his gallant spirit re- 
fused to obey the call. In a short time after, the 
British made a general and most desperate attack on 
both posts, which was received by the Americans with 
undismayed courage and resistance. Officers and 
men, militia and continentals, all behaved alike brave. 
An incessant fire was kept up till dark, when our 
troops were overpowered by numbers, who forced the 
lines and redoubts at both posts. Many of the Ameri- 
cans fought their way out. Others accidentally mixed 
with the enemy, and thus made their escape effec- 
tually ; for, besides being favored by the darkness of 
the night, they knew the various avenues in the 
mountains." 

From two o'clock until dark, this unequal contest 



ESCAPE FROM THE ENEMY. 45 

was maintained by the two Clintons — the Governor 
commanding at Fort Montgomery and James at Fort 
CHnton — with the mere handful of men under their 
command. Repeatedly during the assault, the Gover- 
nor was urged by his brother to make his escape, as it 
would be highly injurious to the patriot cause to have 
him taken prisoner. The former refused to leave, 
however, insisting that they could maintain the posts 
till nio-htfall. when he would take his chance with the 
rest. Both therefore remained until dark, when the 
enemy saw by the flashing of the American pieces, 
that the lines were not more than half manned in 
consequence of the small number of troops in the 
forts ; whereupon, the assault was successfully made. 
By mingling with the victors, the Clintons made their 
escape. George managed to cross the river in a boat, 
and James, though severely wounded, took advantage 
of a favorable opportunity, amid the confusion, and 
gave spurs to his horse. Being pursued, he eluded 
those who were upon his track by slipping the bridle 
from his horse, and letting himself from shrub to shrub, 
down a steep precipice one hundred feet high. Pro- 
ceeding up the gorge at the foot of the precipice, to 
the mountains, he found a horse in the morning, upon 
which he reached his house, about sixteen miles distant 
from the forts, almost exhausted by fatigue and the loss 
of blood. 

Among the prisoners taken by the enemy was 
Colonel M'Claughry, the brother-in-law of the Clintons, 



GEORGE CLINTON. 



who was brought before the British general. On 
seeing him, Sir Henry instantly inquired — "Where 
is my friend, George ?" " Thank God !" replied 
M'Claughry, " he is safe, and beyond the reach of 
your friendship !" 

No permanent advantage resulted to the British 
from their success on this occasion. While Sir Henry 
Clinton was occupying the entrance to the Highlands, 
Burgoyne and his proud army sustained a severe 
defeat on the heights of Saratoga, and a few days later 
the campaign in that quarter terminated, gloriously for 
the American arms, and fortunately for the cause, 
in the surrender of himself and his whole command, 
to the victorious Gates. Disappointed and chagrined 
at this result. Sir Henry Clinton was obliged to content 
himself with dismantling the forts he had captured, 
and removing the obstructions in the river; and on the 
approach of the winter season, the British again fell 
back within their lines in the neighborhood of New 
York. 

The successful attempt of Sir Henry Clinton on the 
American forts at the entrance of the Highlands, 
demonstrated the importance of providing in a more 
effectual manner for the defence of the river. Gover- 
nor Clinton immediately urged the subject upon the 
attention of Congress, and in the winter of 1778, the 
site of Fort Putnam, at West Point, was selected by 
the veteran general, in whose honor it was named, and 
the ground broken under his direction. By dint of 



DIFFICULTY WITH VERMONT. 47 

great personal exertion, and through his extensive 
popularity among the inhabitants of the adjacent 
country, Governor CHnton procured most of the 
materials used in the construction of the work. 

During the continuance of the war, the governor, 
and the legislature of the state, when in session, were 
mainly occupied in providing for the public defence 
and security. This was the all-engrossing subject, 
with which almost every measure of legislature was 
directly or indirectly connected ; and the time of the 
Executive was fully employed in carrying their enact- 
ments into effect, and in the discharge of his duties as 
commander-in-chief of the militia. The protracted 
dispute in regard to the north-eastern boundary line of 
New York, which, for a period of twenty-six years, 
occasioned a great deal of strife and bitterness of 
feeling, between the citizens and the inhabitants living 
on the Hampshire Grants, who, in 1777, had organized 
themselves into the separate state of Vermont, was not 
entirely lost sight of by her authorities. As in duty 
bound, Governor Clinton repeatedly laid the subject 
before the legislature for their consideration ; but the 
more important topics demanding attention, forbade any 
definite aclion upon it until after the close of the war. 
The controversy was then continued for several years, 
in the same spirit as before, but conciliatory counsels 
ultimately prevailed ; Vermont paid a certain sum of 
money to New York, in consideration of the release 
of the claim maintained by the latter, and was duly 



48 GEORGE CLINTON. 

admitted into the union as a sovereign state, in the 
year 1791. 

In 1780, Governor Clinton was re-elected, with the 
same vmanimity that had characterized his original se- 
lection as the chief magistrate of the state. His 
unquestioned patriotism and his strenuous efforts in the 
cause of American Independence, united in his favor 
the good wishes of the entire whig population of the 
state ; and no one thought seriously of bringing forward 
a candidate, in opposition to an officer who had served 
them so faithfully. 

British statesmen were at length forced to admit, 
what they had hitherto affected to doubt, that the sub- 
jugation of the colonies was a ho])eless attempt. All 
their projects had been frustrated — all their plans com- 
pletely foiled — and a pacification was now as desirable 
to them, as to those who had rallied around the revolu- 
tionary standard amidst storm and darkness, and upheld 
it triumphantly through perils and hardships from 
which they anxiously desired to be relieved, but only 
when the prize for which they aimed had been secured. 
Peace and quiet were once more restored; and the 
young state of New York, freed from the incubus of 
tyrannical oppression which had so long weighed down 
the energies of the American Colonies, under the lead 
and direction of her distinguished men, — of her Clin- 
tons and Livingstons, her Jays and her Hamiltons, — 
advanced with rapid strides upon the high and pros- 
perous career that opened before her. 



RE-ELECTED GOVERNOR. 49 

Side by side with Washington, George Clinton en- 
tered the city of New York, on its evacuation by the 
British, at the head of the civil and nnilitary procession 
which threaded its streets on that memorable 25th of 
November, 1783, with banners floating proudly in 
triumph, and drums and trumpets echoing back the 
joyous shouts of those who came to welcome them. 
Previous to this event, and in the same year, Mr. 
Clinton had been again selected as the chief magistrate 
of the state for another period of three years ; and by 
repeated re-elections, he was continued in that high 
office until 1795. 

Prominent among the subjects which Governor 
Clinton recommended to the consideration of the state 
legislature, after the termination of hostilities, and the 
restoration of tranquillity, were those of education and 
internal improvements. In pursuance of his recom- 
mendations, the board of regents of the university was 
established by an act passed in 1784 ; in 1789, lands 
were set apart in the new townships for the promotion 
of literature and the support of common schools ; and 
in 1795, a law was enacted appropriating the sum of 
fifty thousand dollars annually, for five years, for the 
support of common schools. 

With the valuable suggestions contained in his ad- 
dresses to the legislature, from year to year, in regard 
to fostering the cause of education, then in its infancy 
and especially in need of encouragement from the 
state authorities, were connected many cogent argu- 

3 



GEORGE CLINTON. 



merits in favor of constructing works of internal im- 
provement, with a view of developing the resources 
of New York — at this early period already affording 
the glorious promise of that brilliant destiny which is 
now being fulfilled — and opening the virgin wilderness 
in the interior, whose soil has since then nourished so 
many abundant harvests, to the enterprising and in- 
dustrious settler. In the campaign of 1758, he had 
accompanied Bradstreet by way of the Mohawk, 
Wood Creek, Oneida Lake, and the Oswego River, 
to Lake Ontario. Subsequently, during the suspension 
of hostilities in the summer of 1783, in company with 
General Washington, he had visited the battle-fields 
at Saratoga, and passed up the valley of the Mohawk 
to Fort Schuyler. These repeated visits to this 
section of the state had not only made him acquainted 
with the agricultural capacity of the interior, but had 
convinced him of the rare facilities afforded for inter- 
nal water communication. 

In his annual speech to the legislature, delivered on 
the 5th day of January, 1791, he recommended the 
organization of a society for the promotion of agri- 
culture, arts, and manufactures ; which suggestion was 
approved by the legislature, and an act passed in ac- 
cordance therewith. With respect to internal im- 
provements he held the following language, which is 
of particular interest, as being the first executive 
recommendation in relation to a subject now regarded 
of paramount importance : — "Our frontier settlements," 



INLAND NAVIGATION RECOMMENDED. 51 

said he, " freed from apprehensions of danger, are 
rapidly increasing, and must soon yield extensive 
resources for profitable commerce ; this consideration 
forcibly recommends the policy of continuing to facili- 
tate the means of communication with them, as well 
to strengthen the bands of society as to prevent the 
produce of those fertile districts from being diverted 
to other markets." In accordance with the recom- 
mendations of the governor, an act was passed " con- 
cerning roads and inland navigation," directing the 
Commissioners of the Land Office, to cause the lands 
between the Mohawk and Wood Creek, in Herkimer 
county, and between the Hudson River and Wood 
Creek, in Washington county, to be explored, and 
estimates made of the probable expense of construc- 
ting canals between those points. 

At the ensuing session of the legislature, in the 
winter of 1792, the Commissioners made their report, 
in communicating which the governor remarked, that 
the practicability of effecting the desired object at a 
very moderate expense, had been ascertained ; and he 
trusted, that a measure so interesting to the community 
would continue to command the attention due to its 
importance, and especially as the resources of the 
state would prove adequate to those and other useful 
improvements without the aid of taxes. Acts were 
now passed providing for the formation of two com- 
panies — the Northern and the Western Inland Lock 
Navigation Companies — to improve the navigation of 



52 GEORGE CLINTON. 

the Hudson and Mohawk, and to connect the Oneida 
and Ontario lakes with the latter, and Lake Champlain 
with the former. Furthermore, the state agreed to 
become a subscriber to the capital stock of the two 
companies, and as an additional encouragement, to 
present them with a free gift, or bonus, of several 
thousand pounds, whenever their expenditures had 
amounted to a certain sum. 

In his annual address on the 7th of January, 1794, 
the governor again referred to the subject, in the 
following terms : — " The Northern and Western Com- 
panies of Inland Lock Navigation, having, agreeably 
to law, produced authentic accounts of their expen- 
ditures, I have given the necessary certificates to 
entitle them to receive from the treasury the sum of 
ten thousand pounds, as a free gift on the part of this 
state towards the prosecution of those interesting 
objects. Although the care of improving and opening 
these navigations be committed to private companies, 
they will require, and no doubt from time to time 
receive, from the legislature, every fostering aid and 
patronage commensurate to the great public advan- 
tages which must result from the improvement of the 
means of intercourse."* 

Such were the germs — such the feeble beginning — 
under the auspices of George Clinton, of that mighty 
system of inland water communication, afterwards 

* The Western Company did not complete their works until 1797. 
In 1820, they were transferred to the state. 



DIVISION OF PARTIES. 



53 



carried out and completed by the genius and perse- 
verance of his illustrious nephew, which has contrib- 
uted so much to the growth and prosperity of New 
York, and to the substantial welfare and advantage of 
her enterprising citizens. To the sagacity and foresight 
of our first governor, we are much indebted, therefore, 
for the early efforts in the cause of internal improve- 
ment, although they were not immediately productive 
of any very beneficial results. Indeed every measure 
proposed while he was at the head of the state ad- 
ministration, that appeared calculated to advance the 
interests or promote the happiness of his fellow- 
citizens, always received his cordial approbation and 
support. 

During the revolution there may be said to have 
been but one political party among the whig colonists ; 
and it is usual to refer to the adoption of the federal 
constitution as the question upon which the first great 
division of parties took place. Parties did exist, 
however, in some or all of the states, previous to the 
agitation of that subject, though the distinction be- 
tween them was not strictly made nor clearly defined 
until after the adjournment of the federal convention. 
When the confiscation act of 1779 was passed by the 
legislature of New York, it encountered the opposition 
of a large and respectable minority of the whigs, who 
notwithstanding, were equally attached with the 
majority to the great cause in which they had em- 
barked together. On the one side it was said that it 



54 •■ GEORGE CLINTON. 

was but just and proper that they should show some 
degree of lenity to the loyalists, who were probably as 
sincere in their opinions as those who differed from 
them ; and that, by adopting a generous and magnani- 
mous course, those who had left the country might be 
induced to return when hostilities had ceased. On the 
other hand it was contended, that the law of necessity, 
and the law of revolution, so to speak, gave them the 
undoubted right to confiscate the property of every 
adherent of the crown, and those who suffered from 
the operation of this revolutionary right, must look 
to the government to which they acknowledged al- 
legiance for redress; and further, that it was not de- 
sirable to have enemies to their independence return 
among them. The opponents of the confiscation act 
and other similar measures were styled moderate whigs, 
and the majority were called ultra whigs. The former, 
as a general rule, became federalists, — and the latter 
anti-federalists or republicans. Hamilton, Jay, Schuy- 
ler, and the Livingstons, were the principal men among 
the moderate whigs, while their opponents were headed 
by George Clinton, Robert Yates, and John Lansing, 
Jun. The Livingstons ultimately changed sides, and 
attached themselves to the republican party. 

Another measure, agitated for several years in suc- 
cession in one form or another, contributed largely to 
the first organization of political parties in the state of 
New York. In the year 1781, an act was passed by 
the legislature, in accordance with the recommendation 



SURRENDER OF THE REVENUE. 55 

of the Congress of the Confederation, granting to the 
United States the import duties accruing at the port 
of New York, to be levied and collected " under such 
penalties and regulations, and by such officers, as Con- 
gress should from time to time make, order, and ap- 
point." This act was not cordially approved by Gov- 
ernor Clinton and his friends, and subsequently they 
took a decided stand in opposition to the surrender of 
the revenue ; alleging, in support of their position, that 
the state, as an independent sovereignty, had associated 
with the other colonies only for the purpose of mutual 
assistance and protection, and that she ought not to 
give up this source of wealth to the nation at large. 
At their instance, therefore, the act was repealed in 
March, 1783, and a new one passed, granting the du- 
ties to the United States, but directing their collection 
to be made by officers appointed by the state. The 
act of 1783 was subsequently amended so as to render 
the collectors amenable to and removable by, the au- 
thorities of the United States. By this time parties 
had been formed in regard to this measure, though 
personal relations were not yet affected to any great 
extent by these divisions. It had now become quite 
evident, however, that Governor Clinton and his friends 
would not be favorably disposed to the formation of a 
strong federal government, and its advocates conceived 
the idea of bringing forward a candidate in opposition 
to him. Mr. Jay was solicited by General Schuyler 
to allow the use of his name for that purpose, in the 



y 



'So ' ' GEORGE CLINTON. ' ' ' 

summer of 1785, but declined to do so. On this ac- 
count, and as it was pretty well ascertained that Gov- 
ernor Clinton would receive the support, from personal 
considerations, of a large portion of those who dis- 
agreed with him in relation to the confiscation act and 
the surrender of the revenue, no further effort was 
made to prevent his re-election, as we shall see, until 
the year 1789. 

In 1786, another law in regard to the revenue was 
enacted, under which the revenue was granted to 
Congress, but the state reserved "the sole power of 
levying and collecting the duties." Congress treated 
this law as a nullity, and passed a resolution request- 
ing Governor Clinton to convene the legislature for an 
extra session, in order that the subject might be again 
submitted to their consideration. With that sturdy 
determination eminently characteristic of the man, he 
refused to call the legislature together, but laid the 
whole subject before that body, in his speech at the 
commencement of the session in 1787. The course 
of the governor was approved by a large majority, but 
the power of collecting the duties was given to the 
general government by a subsequent legislature. 

Governor Clinton was one of the foremost and most 
decided opponents of the federal constitution, as it was 
originally formed, and for that reason he has been con- 
sidered as the father and founder of the republican 
party in the state of New York. He approved of the 
withdrawal of Messrs. Yates and Lansing, the two 



THE NEW YORK CONVENTION. 57 

anti-federal delegates from this state to the Philadel- 
phia Convention, and remained steadfast in his opposi- 
tion to the instrument framed in that body, until the 
amendments adopted at the suggestion of New York 
and other states removed the objectionable features to 
which he took exception. He was elected from the 
county of Ulster as a delegate to the vState Convention 
called to consider the propriety of adopting the federal 
constitution, and was unanimously chosen to preside 
over its deliberations. This convention assembled at 
Poughkeepsie on the 17th of June, 1788. A very 
large majority of the delegates were anti-federalists ; 
and had the question been taken immediately after the 
organization of the convention, there can be no doubt 
that the constitution would have been rejected by a 
decided vote. But while the subject was still under 
discussion, the intelligence was received that New- 
Hampshire, the ninth state, had duly ratified the con- 
stitution. The question now assumed a new aspect ; 
it was no longer one of principle, but one of expedi- 
ency; and the New York Convention, instead of being 
called upon to express their approbation of the con- 
stitution, were in fact required to decide whether or 
no they would secede from the Union. Governor 
Clinton saw the dilemma in which he was placed, and 
though for the sake of consistency, he felt bound to 
persevere in his opposition to the ratification of the 
constitution, several of his warmest personal friends 
in the convention, acting doubtless, under his advice, 
3* 



58 GEORGE CLINTON. .; 

with a sufficient number of other anti-federal delegates, 
united with the federalists on taking the final vote. 
The resolution ratifying the Constitution Avas passed 
by a majority of three votes, " in full confidence," as 
its language purports, " that the amendments proposed 
by this Convention will be adopted." A circular letter 
urging the other states to co-operate with New York in 
procuring the adoption of the amendments proposed 
by her convention, was prepared and signed by the 
members. Before retiring from the chair and closing 
the session, Governor Clinton delivered a short but 
eloquent address, in which he expressed his firm con- 
viction that a majority of the people of the state were 
opposed to the federal constitution, but pledged himself 
to exert his power and influence in the maintenance 
of peace and good order. 

No further efforts were made by the anti-federalists 
of New- York in opposition to the adoption of the 
federal constitution ; and when the amendments were 
adopted, they became generally contented with its 
provisions. Governor Clinton undoubtedly foresaw 
the future power and greatness of his native state, and 
it was but natural that he should feel averse to her 
making so great a sacrifice for the general welfare, as 
she was called upon to do by the surrender of her import- 
ant revenues, and, in a degree, of her sovereignty as an 
independent state, to the confederated Union. When 
the Constitution went into effect, he appeared among 
those who welcomed Washington to the chair of state; 



HIS REELECTION OPPOSED. 



and, both by his precept and example, he encouraged 
others to conform to the requirements of the funda- 
mental law of the land, and always manifested great 
anxiety lest the powers of the general government 
should be enlarged by construction. 

Party lines were now drawn with considerable 
stringency. In New York the anti-federalists, or re- 
publicans, were much the most numerous ; but their 
opponents, tiiough in the minority, numbered among 
them a great many of the most active and talented 
politicians in the state. As the time for the guberna- 
torial election in 1789 approached, the latter concluded 
that it would be a hopeless attempt to defeat Governor 
Clinton by running an avowed federalist against him, 
and that it would be absolutely necessary to withdraw 
a portion of the anti-federalists from his support- 
With this view a somewhat questionable ruse in po- 
litical warfare was practised. Robert Yates, one of 
the judges of the Supreme Court, and a decided op- 
ponent of the federal constitution until its ratification 
by the State Convention, was selected as the candidate 
to oppose Governor Clinton by the leading federalists 
and a few republicans who had become dissatisfied 
with his administration, mainly from personal con- 
siderations. The election was warmly contested ; but 
in those districts where the respective candidates re- 
sided, the voters seemed to regard it rather as a ques- 
tion of individual preference, than of political opinion. 
Hence, the western district gave a large majority for 



60 GEORGE CLINTON. 

Mr. Yates, while the county of Ulster bestowed five 
sixths of her suffrages for her favorite, Mr. Clinton. 
None but freeholders voted at that time for governor, 
and there were only about twelve thousand votes taken 
in the whole state. Of these Governor Clinton re- 
ceived a majority of four hundred and twenty-nine. 

It was a high evidence of the governor's personal 
popularity, that he was elected, in spite of the power- 
ful influences brought to bear against him, although a 
majority of the members of the legislature chosen at 
this election, were federalists. From 1789 to 1792, his 
administration was opposed, on repeated occasions, by 
the federalists ; and just on the eve of the election in 
the latter year, a most bitter personal assault was made 
on him, by his political opponents in the legislature, 
based upon alleged misconduct as one of the commis- 
sioners of the Land Office, in the sale of the wild and 
uncultivated lands belonging to the state. Subsequent 
investigations showed most conclusively that these 
charges were without any foundation in truth, but 
great use was made of them by the federalists in 1792 
to secure the defeat of Mr. Clinton. At this election 
John Jay was the opposing candidate, and in addition 
to the unusual share of popularity which he enjoyed, 
the influence of the federal government was exerted 
in his favor. 

Governor Clinton possessed considerable shrewdness 
as the manager and head of a political party, and 
was a pretty accurate judge of human nature. He 



EXECUTIVE PATRONAGE. ^||4 

had observed much, and liad studied men and the 
motives that animated them, all his Hfe-time. As the 
head of the appointing power in this state, he wielded 
the patronage placed in his hands, in a manner cal- 
culated not to give offence, but so as to strengthen his 
own popularity, and to advance his own views in 
regard to questions of public policy, as far as was con- 
sistent and proper. After the organization of the 
federal government, through the influence, probably, 
of Mr. Hamilton, all the principal offices in the gift of 
the former were given to the political opponents of the 
governor ; and from this time forward, he was less 
chary in the bestowal of official favors on his friends 
in preference to those who opposed him. Like most 
politicians — perhaps like all — he considered that the 
interests of the state and nation required that the 
views and opinions which he advocated should become 
more generally prevalent ; and his own personal suc- 
cess, therefore, seemed, in his estimation, to be inter- 
woven with, and to be necessary to, the triumph of his 
principles. 

The canvass for governor, at the April election in 
1792, was highly animated. Nearly seventeen thousand 
votes were cast, a majority of which were given for 
Mr. Jay. The canvassing committee consisted of 
twelve members of the legislature, six of whom were 
chosen by each house. When they assembled, ob- 
jections were made to allowing the ballots taken in the 
counties of Otsego, Clinton, and Tioga, on account of 



62 • GEORGE CLINTON. 

alleged informalities. The subject was referred to the 
two senators in Congress, Rufus King and Aaron 
Burr, who disagreed in opinion; whereupon, a majority 
of the canvassers decided to reject the votes, and the 
certificate was given to Mr. Clinton, who was declared 
elected by a majority of one hundred and eight. 

Party feeling at this juncture ran high, and in the 
course of the contest, much bitterness of feeling had 
been produced on both sides. The decision of the 
canvassers was denounced in unmeasured terms by the 
federalists, but was as warmly approved by the re- 
publicans. Under the circumstances, Governor Clinton 
could do no less than take the oath of office, but it is 
to be regretted that he did not use his influence with 
the canvassers to prevent the unjust decision at which 
they arrived ; for official power acquired in such a 
manner is certainly not to be desired. It is probable, 
as it was but natural, that a keen sense of the injustice 
done him by the unfounded charges made in respect 
to the sale of the public lands, which were not without 
their effect on the minds of the electors, so warped his 
better judgment that he decided to remain a passive 
spectator while the wrong was being committed. It is 
some satisfaction, also, to add, that it afterwards ap- 
peared that a number of illegal votes had been cast 
for Mr. Jay in the county of Otsego, and that persons 
holding high official stations there had exerted their 
authority, and made use of threats and intimidations, 
to induce individuals to vote for him who would other- 



AGAIN ELECTED GOVERNOR. 63 

wise have supported Mr. Clinton. Of course, it need 
not be added that Mr. Jay was utterly ignorant of these 
extreme measures adopted by his over-zealous friends. 

No legal measures were taken to deprive Governor 
Clinton of the office with which he had been invested, 
and he continued in the discharge of its duties till the 
spring of 1795. No event of especial importance, 
signalized this period of his administration, except 
that shortly before it expired, a controversy arose 
between him and the council of appointment, a 
majority of whom were federalists, in regard to the 
concurrent of nomination. The governor claimed 
that he possessed the exclusive right, and he was un- 
doubtedly correct in his view of the constitution ; 
Governor Jay afterwards made the same claim, under 
similar circumstances; but the convention of 1801 
decided against them. Governor Clinton formally 
protested against the decision of the majority of the 
council, but took no further steps to embarrass their 
action. 

At the presidential election in 1792, no opposition 
was made to the re-election of General Washington, 
but the republican electors inserted the name of George 
Clinton on their ballots, intending thereby to designate 
him as their candidate for vice-president. He received 
fifty votes, and John Adams seventy-seven. On the 
22d of January, 1795, Governor Clinton published an 
eloquent and impressive address to the freeholders of 
the state, in which he declined being a candidate for 



jSf GEORGE CLINTON. 

governor at the ensuing election. He stated that he 
had held elective offices for nearly thirty successive 
years, and that the condition of his private affairs 
imperatively required his attention, as the impaired 
state of his health also demanded his retirement from 
public life. 

For five years Governor Clinton was entirely re- 
lieved from public cares and anxieties, though by no 
means an indifferent observer of the events that were 
transpiring around him. During the session of Con- 
gress in the winter of 1799-1800, measures were 
concerted by the republican members to secure the 
election of their candidates at the approaching presi- 
dential election. It was deemed of the highest im- 
portance to secure the vote of New York. Accord- 
ingly, great efforts were made by the party in this 
state to elect a majority of the members of the legis- 
lature. Through the address of Colonel Burr, a ticket 
was formed in the city of New York, where Governor 
Clinton resided, at the head of which the name of the 
latter was placed. Brockholst Livingston, Horatio 
Gates, and others of the most distinguished republi- 
cans in the city and state, were associated with him, 
and the ticket was triumphantly sustained at the polls. 
The name of Governor Clinton was again mentioned 
in connection with the vice-presidency, but Colonel 
Burr and liis friends managed to have the latter joined 
with Mr. Jefferson. Mr. Clinton did not, it is probable,- 
consider himself fairly treated in this matter, particu- 



CHOSEN VICE-PRESIDENT. 65 

larly by the southern members of Congress ; but he 
gave the republican ticket his cordial support, and no 
one man contributed more than himself to the political 
revolution which terminated in the complete overthrow 
of the federal party. 

Governor Clinton was again induced to become a 
candidate for the office of chief magistrate of the state 
in the spring of 1801, and was elected by nearly four 
thousand majority over his federal opponent, the late 
Stephen Van Rensselaer, a high-minded, estimable, 
and deservedly popular man. When the governor 
once more entered upon the discharge of the official 
duties, the performance of which now devolved upon 
him for the sixth time, he found that the custom of 
removing political partisans, on account of their opin- 
ions, had became engrafted on the politics of the state. 
It is said that he was opposed to this measure, and 
resisted it in the council of appointment, but was over- 
ruled by his nephew Dewitt Clinton, and Ambrose 
Spencer, who were members of it during the early 
part of his administration. 

Long before the recurrence of another presidential 
election, the republican party in the Union had sepa- 
rated, with but few exceptions, from Aaron Burr. 
George Clinton was therefore selected as their can- 
didate for vice-president, in opposition to Rufus 
King, the federal candidate. Mr. Jefferson and Mr. 
Clinton received one hundred and sixty-two of the 
one hundred and seventy-six electoral votes, which 



66 GEORGE CLINTON. > 

insured their election. As the presiding officer in 
the Senate of the Union, Mr. CHnton was distin- 
guished for his impartiality and promptitude, and for 
the urbanity and kindness that he at all times man- 
ifested, as well towards his political opponents, as to 
those whom he ranked among his most attached friends. 
Upon the retirement of Mr. Jefferson, he was warmly 
urged by many of the republican members of Con- 
gress from the northern states, as being the most suit- 
able person to succeed him. The compHcated con- 
dition of our foreign relations, which had been in 
charge of Mr. Madison as Secretary of State, probably 
led to his being preferred, and Mr. Clinton was con- 
tinued in the office of vice-president. At the election 
in 1808, the republican candidates were chosen by de- 
cisive majorities. 

While filling the high station to which he had been 
again elected^ — under ordinary circumstances having 
neither power nor patronage to any great extent con- 
nected with it — Mr. Clinton was called upon, by his 
casting vote, to decide the question as to the propriety 
of renewing the charter of the bank of the United 
States. At the session of 1810-11, a bill providing 
for the renewal was introduced into the Senate, and 
advocated with much earnestness and ability by sev- 
eral republican senators. A motion having been made 
to strike out the first section of the bill, on taking the 
vote, on the 20th day of February, 1811, there ap- 
peared to be seventeen in favor of the motion, and the 



CASTING VOTE ON THE BANK CHARTER. 67 

same number opposed to it. Mr. Clinton, as the pre- 
siding officer, decided the question in the affirmative, 
in favor of striking out the first section of the bill, and 
accompanied the announcement of his vote with the 
following remarks : 

" GENTLEjrEN : — As the subject on which I am called upon to decide, 
has excited great sensibility, I must solicit the indulgence of the senate, 
while I briefly state the reasons ■which influence my judgment. 

" Permit me to observe, that the question to be decided does not de- 
pend simjjly upon tlie right of Congress to establish, under any modili- 
cation, a banlc, but upon their power to establish a national bank, sm 
contemplated by this bUl. In other words, can they create a body 
politic and corporate, not constituting a part of the government, nor 
otherwise responsible to it but by forfeitm'e of charter, and bestow on 
its members privileges, immunities, and exemptions, not recognized by 
the laws of tlie states, nor enjoyed by the citizens generally ? 

"It cannot be doubted that Congress may pass all necessary and 
proper laws for carrying mto execution the powers specifically granted 
to the government, or to any department or officer thereof; but, in doing 
80, the means must be suited and suborduiate to the end. The power 
to create corporations is not expressly grixnted ; it is a high attribute 
of sovereignty, and in its nature not accessorial or derivative by im- 
plication, but primary and independent. 

" I cannot believe that this interpretation of the constitution will, in 
any degree, defeat the pm-poses for wliich it was fomied ; on the con- 
trary, it does appear to me that the opposite exposition has an inevi- 
table tendency to consolidation, and affords just imd serious cause of 
alarm. 

" In the course of a long life, I have found tliat government is not to 
be strengthened by an assumption of doubtful powers ; but by a wise 
and energetic execution of those which are incontestable ; the former 
never fails to produce suspicion and distrust, whilst the latter inspires 
respect and confidence. 



bS GEORGE CLINTON. 

" If, however, after a fair experiment, the powers vested in the gov- 
ernment shall be fouiKl incompetent to the attainment of the objects 
for which it was instituted, the constitution happily furnishes the mean 
for remedying the evil by amendment ; and I have no doubt that, iu 
such event, on an appeal to the patriotism and good sense of the com- 
munity, it will be wisely applied. 

" I will not trespass upon the patirnce of the Senate any longer than 
to say, from the best examination I iiive been able to give the subject, 
I am constrained, by a sense of duty, to decide in the affirmative ; that 
is, that the first section of the bill be sti i.-ken out." 

The terseness, and the emphatic brevity, of the re- 
marks of the vice-president, in announcing his decision, 
elicited high encomiums in the ranks of the opposition, 
as well as among his political Iriends ; and when, in 
later times, opposition to the bank of the United States 
became the watchword and shibboleth of the repub- 
lican, then the democratic party, they were accus- 
tomed to refer to his course on this occasion in terms 
of decided approbation, and in a manner highly favor- 
able to his memory. The casting vote of Mr. Clinton 
— his determined firmness in refusing to yield to the 
influences brought to bear at that period on many 
other public men, who concurred with him in opinion, 
but from real or supposed motives of expediency chose 
to act in a different manner — defeated the application 
for a re-charter at this session.* 

* A bill providing for the renewal of the charter of the bank, intro- 
duced into the House of Representatives at tlie same session, was 
indefinitely postponed, on the 24th of January, 1811, by a vote of 65 
to 64 ; but it was generally understood that the Senate bUl would meet 
with a different fate. 



HIS DEATH. 69 

When Congress again assembled, George Clinton 
once more appeared in his accustomed seat — well 
stricken in years, venerable in appearance, and univer- 
sally respected for the official dignities and popular 
favor which he had so long enjoyed. Before that ses- 
sion terminated, his almost life-long service in a public 
capacity was forever ended. Surrounded by 

" All that should accompany old age, 
As honor, love, obedience," — 

by troops of friends, by kindred and children to whom 
he was endeared by ties and recollections of no com- 
mon interest, — he died, as he had lived, at peace with 
his fellow-men — at peace with his God. 

His death took place at Washington, on the 20th of 
April, 1812, and his remains were permanently de- 
posited in the Congressional Cemetery. The monument 
erected to his memory by his children contains an 
appropriate inscription written by his nephew, which 
truly says that, " while he lived, his virtue, wisdom, and 
valor were the pride, the ornament and security of his 
country, and when he died, he left an illustrious 
example of a well-spent life, worthy of all imitation." 

Mr, Clinton married Cornelia Tappan, of Kingston, 
New York, by whom he had one son and five daugh- 
ters. But two of his children, both of whom were 
daughters, lived to an advanced age. One of his 
daughters became the wife of M. Genet, the French 



TO ' GEORGE CLINTON. 

minister, in 1793, who remained in this country after 
his recall, and settled in the state of New York, where 
he died. 

His personal appearance was decidedly prepossessing. 
He was of moderate stature, but heavily moulded. 
His appearance was dignified, and his countenance 
indicated that stern intrepidity of soul, that energy 
and decision of character, ^br which he was remark- 
able. He was frank and amiable in private life, and 
kind and affectionate in disposition — a staunch friend, 
but a good hater. Few men ever occupied a larger 
space in the public estimation, and no one name is 
more conspicuous than his in the early annals of New 
York. His patriotism was never questioned, and from 
first to last, during the stormy period of the revolution, 
and when the halcyon days of peace had returned, 
Washington esteemed and trusted him. At a mem- 
orable period he saved the army of the latter from 
dissolution, by the exercise of his authority — if not 
rightful, at least necessary — in the impressment of a 
large quantity of flour. He was naturally bold and 
courageous. " He had an aversion," said Gouverneur 
Morris,* " to councils, because (to use his own words) 
the duty of looking out for danger makes men cowards." 

His talents were far above mediocrity ; for had this 

been otherwise, he could not have raised himself as he 

did, without the adventitious aids of fortune and 

family connections, to the chief magistracy of the 

* Eulogy on the death of Clinton, May, 1812. 



CHARACTER. 71 

state and to the second office in the nation. Sprung 
from the people, his heart beat in unison with that of 
the masses. He felt for them, — he sympathized with 
them. In return they gave him their love and confi- 
dence, not stmtingly or grudgingly, but with a spon- 
taneous gushing forth of their enthusiastic regard and 
affection. He was, therefore, well calculated to be 
the leader of a successful party, — yet he was no 
demagogue. The preservation of law and order was 
ever of the first importance, in his estimation. 

Shortly after the close of the revolutionary war, and 
the evacuation of the city of New York by the 
enemy, a British officer was seized by the whig popu- 
lace, and placed in a cart to be tarred and feathered. 
Just as the signal for the assault was about to be given, 
Governor Clinton rushed in among the crowd with a 
drawn sword, and rescued the victim at the risk of 
his life. A few years later, a dreadful riot broke out 
in New York, called the " Doctors' Mob." The local 
magistracy were completely overawed by the furious 
assemblage collected in the streets, whose passions had 
been excited to the highest pitch because of the 
violation of the cemeteries to obtain subjects for dis- 
section ; and they declared their intention to kill all 
the physicians in the city, and raze their houses to the 
ground. For two days the governor mingled with the 
mob as a private citizen, and besought them not to 
commit any infraction of the peace; at the same time 
assuring them that if wrong had been done, the civil 



m» GEORGE CLINTON. 

authorities would take care that the offenders should 
be punished. His counsels not being heeded, he forth- 
with called out the militia, and soon put an end to the 
disturbance. The same regard for the supremacy of 
the law was manifested by him on another memorable 
occasion. After the discomfiture of the misguided 
men, who, under their leader Shays, attempted an in- 
surrection in Massachusetts, in the year 1786, numbers 
of them escaped, and collected in large bodies at 
Lebanon in the state of New York, with the intention 
of renewing their efforts. Such a contingency had not 
been foreseen by the legislature, and in consequence, 
Governor Clinton was not invested with the power 
requisite in this emergency ; but he immediately re- 
paired to the spot, ordered out the militia of the 
state on his own responsibility, and dispersed the in- 
surgents. 

Governor Clinton was naturally gifted with a strong 
mind, which had been well cultivated. His perceptions 
were clear; he was rapid in decision and prompt in 
execution. As a speaker and writer, he was rather 
forcible than eloquent. His sentences were somewhat 
epigrammatic — concise, but always appropriate and 
expressive. 

He may have committed errors during the long 
period in which he remained in public life, — for it has 
been truly said, that it would be "a novelty in the 
political world, to find rulers without private interests 
and views of personal emoluments and ambition." — 



CHARACTER. 73 

but they were few in number. Not one of the public 
men of New York, during the revolutionary era, is 
better entitled to the respectful and grateful remem- 
brance of her citizens ; aud the example afforded in his 
life and character, is well-deserving of imitation.- 

4 



JOHN JAY. 

For more than thirty years, the reign of Louis XIV. 
was unparalleled for splendor in the history of France. 
This was especially true of that period which elapsed 
between the conclusion of the peace of the Pyrenees, 
and his marriage with Fran9oise d'Aubigne. In arts 
and in arms the nation stood pre-eminent, and her 
warriors and statesmen, her poets and philosophers, 
were known and honored throug;hout the whole 
civilized world. But when the artful and politic 
Mazarin, and the great Colbert, were no more, — when 
Turenne had found a bloody grave at Saltzbach, and 
Conde had secluded himself at Chantilly, — when the 
faded charms of Maintenon had wound themselves 
around the monarch's heart, and Louvois and his 
associates yielded a willing ear to her bigoted counsels, 
— the star of his fortunes began to decline, and the 
power of France trembled beneath the attacks of the 
bold Heinsius, as her glory paled when army after 
army went down before the victorious banners of 
Marlborough and Eugene. 




V 






I,/i:/.M'ufulm.7L'Mi!awS"-iy. 



PERSECUTION OF THE HUGUENOTS. 75 

First among the prominent events of this era of 
errors and misfortunes, was the revocation of the 
Edict of Nantes. When this decree was first pro- 
mulgated by Henry of Navarre, it not only put an end 
to the fierce wars and persecutions that had so long 
deluged the fairest portions of France with the blood 
of her people, but opened the way to a glorious career 
of national prosperity and greatness, unwisely and 
most unjustly terminated by his degenerate grandson. 
The toleration shown to the Religionaires, or Hugue- 
nots, during the two previous reigns, was not accep- 
table to the counsellors and confessors of Louis, and 
when the inditrerence of the voluptuary had been 
succeeded by the ardor of the devotee, it required but 
little effort to mould him to their purposes. 

"My grandfather," said the king, in his new-born 
zeal and anxiety for the triumph of Romanism, " loved 
the Huguenots without fearing them ; my father feared, 
without loving them ; and I neither fear nor love 
them." So, it was proclaimed that Calvinism must be 
exterminated, root and branch. The ports of France 
were closed against emigration; the frontiers were 
guarded ; and bodies of dragoons were sent into the 
southern provinces, to demolish the Protestant churches, 
and compel those who worshipped in them to abjure 
their faith. Thousands upon thousands of the most 
valuable citizens in the realm — the most enterprising 
merchants, the most industrious peasantry, and the 
most skilful artisans — managed to elude the vigilance 



US JOHN JAY. 

of their persecutors, and escaped to Switzerland and 
Germany, to Holland, England, and America. Some 
few, equally determined never to renounce the creed 
of their ancestors, lingered behind, until the finishing 
stroke in this series of outrages was given, by the 
revocation of the edict on the 22d day of October, 
1685, when they, too, fled for safety. Among these 
victims of oppression was Pierre Jay, a resident of 
Rochelle, in the department of Charente-Inferieure, 
whose ancestors had originally come from Poitou, 
This individual was the ancestor of John Jay. 

" Pierre Jay," — said the subject of this memoir, in a 
narrative of the early history of his father's family, 
which he left unfinished at the time of his death, — 
" was an active and opulent merchant, extensively and 
profitably engaged in commerce. He married Judith, 
a daughter of M. Fran9ois, a merchant in Rochelle. 
One of her sisters married M. Mouchard, whose son 
was a director of the French East India Company. 
Pierre Jay had three sons and one daughter. The 
sons were Francis, who was the eldest ; Augustus, who 
was born 23d March, 1665 ; and Isaac. The daugh- 
ter's name was Frances. Mr. Jay seemed to have 
been solicitous to have one of his sons educated in 
England. He first sent his eldest son, but he unfor- 
tunately died on the passage. Notwithstanding this 
distressing event, he immediately sent over his son 
Augustus, who was then only twelve years old. In 
the year 1683, Mr. Jay recalled Augustus, and sent 



HIS ANCESTRAL HISTORY. 77 

him to Africa, but to what part or for what purpose is 

now unknown. 

******* 

" Pursuant to an order passed in January, 1685, the 
Protestant Church at Rochelle was demoUshed. The 
ensuing summer a number of troops were marched 
into the city, and quartered on the Protestant inhabi- 
tants, and these troops were soon followed by four 
companies of dragoons. The attempts made to con- 
vert or intimidate Mr. Jay proving fruitless, some of 
these dragoons were sent to his house to live and act 
at their discretion. I have not understood that they 
offered any personal insults to Mr. Jay or his family, 
but in other respects they behaved as it was intended 
they should. Such a situation was intolerable, and 
Mr. Jay lost no time in relieving his family from it. 
He found means to withdraw them, together with 
some articles of value, secretly from the house, and 
succeeded in putting them on board a vessel which he 
had engaged for the purpose. They fortunately set 
sail without being discovered, and were safely landed 
at Plymouth, in England. He thought it advisable to 
remain behind, doubtless with the design to save what 
he could from the wrecks of his fortune. 

" It was not long before the absence of his family 
excited attention, and produced investigations. After 
some time he was arrested and committed to prison. 
Being closely connected with some influential Catho- 
lics, he was by their interposition and good offices 



78 



JOHN JAY. 



soon set at liberty. At that time some vessels in 
which he was concerned were expected, and particu- 
larlji one from Spain, of which he was the sole owner. 
He determined to effect his escape, if possible, in the 
first of these vessels that should arrive ; and for that 
purpose instructed a pilot, on whose good-will and 
attachment he relied, to watch these vessels, and to 
put the first of them that came in, immediately at 
anchor, at a place agreed upon between them. 

'' Of the vessels that were expected, the one from 
Spain was the first that arrived. The pilot instantly 
went on board, and carried her to the place agreed on, 
and gave Mr. Jay notice of it. With the aid of this 
faithful and friendly pilot, proper precautions were 
taken to prevent discovery, and the moment Mr. Jay 
got on board she sailed, and carried him to England. 
This ship and her cargo (the principal part of which 
was iron) belonged wholly to himself, and together 
with the property sent over with his family, and that 
now brought over by himself, comprised all that he 
saved. What this all amounted to, I have never been 
informed : it was such, however, as placed him and his 
family above dependency, and was so managed as 
that, during the residue of his life, his situation was 
comfortable. As soon as Mr. Jay's departure was 
known, his estate in France was seized ; and no part 
of it afterward came to the use of either himself or 
his children. 

" Having escaped from the fury of persecution to a 



ESCAPE FROM FRANCE. 79 

friendly countiy, nothing remained to excite his 
anxiety but the fate of his son Augustus, whom he had 
sent to Africa, and who would probably arrive without 
having been apprized of the troubles and flight of his 
family. This accordingly happened. On his arrival 
at Rochelle, he found himself in a situation not easy 
to be described. The persecution was proceeding with 
increasing severity, and every circumstance and pru- 
dential consideration pressed him to decide without 
delay on the measures proper for him to take and 
pursue. He determined to remain true to his religion, 
and to meet the risks and dangers to which it exposed 
him. The kindness of his friends facilitated every 
necessary arrangement for his departure from the 
country, and in a very short time he embarked in a 
vessel bound to Charleston, in South Carolina. Thus, 
by Divine Providence, every member of the family 
was rescued from the rage and reach of persecution, 
and enabled to preserve a portion of property more 
than adequate to their actual necessities. 

" Augustus very properly reflected that his parents 
had two younger children to provide for, and that it 
became him to depend on his own exertions. It was 
his first intention to settle in South Carolina. His 
education in Entrland, and the knowledn-e he had ac- 
quired of the English language, trade, and manners, 
had prepared him for living in an English country. 
The climate of South Carolina, however, made so 
serious an impression on his health that he went to 



80 JOHN JAY. 

Philadelphia, which he found in such an infant state, 
that he thought it advisable to go to New York. With 
New York he was much pleased, and found there 
several refugee families from Rochelle. His first 
employment was that of supercargo, and he continued 
in it for several years. His parents found themselves 
relieved from anxiety about his welfare, and with 
great satisfaction observed his industry and promising 
prospects. The time, however, was approaching, when 
the course of life proper for their younger son was to 
be determined and provided for. He, it seems, pre- 
ferred a military life ; and his passion for it was ex- 
ceedingly excited by the forming a regiment of French 
refugees in England to serve a Protestant King against 
a Popish competitor. Isaac solicited the consent of 
his parents with so much earnestness, that it was at 
length obtained. He joined his regiment as a volun- 
teer, and was with it at the battle of the Boyne, in 
1690. He received several wounds; and returning to 
his father, lingered for some months, and died. 

"In the year 1692 certain commercial affairs at 
Hamburgh induced Augustus to take a passage in a 
vessel bound from New York to that place. The ves- 
sel was captured by a privateer from St. Malo, and 
carried into that port. He with other prisoners was 
sent to a fortress about fifteen miles from St. Malo. 
He was in that fortress when the news of the battle of 
La Hogue arrived there. Orders were thereupon 
given that the prisoners should that evening be put 



HIS GRANDFATHER. 



m 



and kept in close custody. By negligence or accident 
the prisoners became informed of this order. Augus- 
tus and another prisoner agreed to attempt making 
their escape. The day had been wet and boisterous, 
and in the evening the wind and rain increased. Be- 
fore the time when they expected to be called, they 
found means to conceal themselves, so that when the 
other prisoners were carried to the places in which 
they were to be closely confined, these two remained 
without. Favored by the darkness and the storm, 
they eluded the vigilance of the sentinels, and pro- 
ceeded to the part of the wall which they had agreed 
on. There Augustus let himself drop into the ditch, 
and received no material injury. His companion did 
not join him : whether he changed his mind or was 
stunned by the fall is uncertain. Augustus took the 
road to Rochelle, and so managed as not to arrive 
there till the next evening, and at a late hour repaired 
to his aunt Mouchard, by whom he was kindly receiv- 
ed and secreted ; and afterward, through her address 
and management, he v/as privately conveyed to the 
Isle of Rhe, where a vessel ready to sail for Denmark 
received him. He arrived safe in Denmark. On his 
return he went to Holland, and from thence to Eng- 
land to visit his father and sister. Much to the grief 
and loss of the family his mother had lately died, and 
he found his father and sister deeply affected by it. 
This was the first time they had met since they fled 
from France. The excitements to sensibility were 
4* 



i^ JOHN JAY. 

numerous, and it was natural that on such an occasion 
the tears of grief should mingle with those of joy. 
The affairs and engagements of Augustus constrained 
him to return speedily to America ; and it was not 
long before he was oblis:ed to take leave of his afflicted 
and affectionate father and sister. With what emo- 
tions they bade each other a last farewell may easily be 
conceived. How much has persecution to answer for ! 
"In 1697 Augustus married, at New York, Ann 
Maria, a daughter of Mr. Balthazar Bayard. The an- 
cestor of this gentleman was a Protestant professor of 
theology at Paris, in the reign of Louis XIII., and who 
had been compelled by the persecuting spirit of popery 
to quit his country, and go with his wife and children 
to Holland. Three of his grandsons, of whom Mr. 
Balthazar Bayard was one, afterward removed from 
Holland to America. By his marriage Augustus be- 
came encircled with friends who, from their situations, 
were able, and from the attachment to consanguinity 
(for which our Dutch families were always remark- 
able), were disposed to promote his interest as a mer- 
chant, and his social happiness as a man. He no 
sooner found himself settled and his prospects fair, 
than he represented the ])rosperous state of his affairs 
to his father and sister, and earnestly pressed them to 
come over and participate in it. But his father thought 
himself too far advanced in age to undertake the voy- 
age, and no considerations could have prevailed on his 
excellent daughter to leave him. 



UIS GRANDFATHEE. ^ 

" From what has been said, you will observe with 
pleasure and with gratitude how kindly and how amply 
Providence was pleased to provide for the welfare of 
our ancestor Augustus. Nor was his case a solitary 
or singular instance. The beneficent care of Heaven 
appears to have been evidently and remarkably ex- 
tended to all those persecuted exiles. Strange as it 
may seem, I never heard of one of them who asked 
or received alms ; nor have I any reason to suspect, 
much less to believe, that any of them came to this 
country in a destitute condition. The number of ref- 
ugees who settled here was considerable. They did 
not disperse or settle in different parts of the country, 
but formed three societies or congregations ; one in 
the city of New York, another at the Paltz, and the 
other at a town which they purchased and called New 
Rochelle [Westchester county. New York]. At New 
Rochelle they built two churches, and lived in great 
tranquillity; none of them became rich, but they all 
lived comfortably.* 

"Augustus Jay, after having had three daughters, 
was on the 3d November, 1704, blessed with a son, 
whom, in honor of his father, he named Peter. That 
good old gentleman lived some time after this, but how 
long exactly, I do not recollect. After his death, his 
daughter married Mr. Peloquin,a merchant of Bristol."! 

* Thia settlement was made on the manor of Pelham, which Governor 
Leisler purchased for the Huguenots, in 1G89. 

f See Life of John Jay, by liis eon, vol. L p. 8, et seq. 



PI JOHN JAY. 

All the daughters of Augustus Jay were married to 
gentlemen of the colony. His son Peter was sent to 
England in early youth, and remained for some time 
in the counting-house of his uncle, Mr. Peloquin ; and 
shortly after his return he married Mary, the daughter 
of Jacobus Van Cortlandt. Her mother was the 
daughter of Frederick Phillipse, who emigrated from 
Holland in 1658, but whose family were originally 
from Bohemia, whence they had been driven by reli- 
gious persecution. Peter Jay and his wife, Mary Van 
Cortlandt, were the parents of John Jay. The senior 
Mr. Jay died in the city of New York, in 1751, at the 
advanced age of eighty-six years, having steadily and 
successfully pursued the mercantile profession up to 
the time of his decease. His son Peter followed the 
same occupation — devoting his whole time with great 
assiduity to his business, and keeping aloof from the 
political divisions and disputes which at that early 
period disturbed the tranquillity of the colony — till he 
had passed his fortieth year. At this time he had ac- 
quired a fortune sufficient to satisfy his desires, and to 
enable him to pass the remainder of his days not in 
extravagance, but at his ease. 

He therefore purchased a farm at Rye, in the county 
of Westchester, and on the shores of Long Island 
Sound, to which he retired with his family. He had 
ten children, two of whom were afflicted with blind- 
ness from infancy, in consequence of a severe attack 
of the small-pox. John Jay was the eighth child, and 



BIRTH AND EDUCATION. 85 

was born in the city of New York, on the 12th day of 
December, 1745, and but a short time previous to his 
father's removal into the country. He was named 
after the Honorable John Chambers, one of the puisne 
iudges of the Supreme Court of the province, who 
had married his mother's sister. 

The parents of young Jay were intelligent and es- 
timable people, sincerely pious, devoted to the happi- 
ness and welfare of each other and of their children, 
and loved and honored by them to the close of their 
lives. The father was a prudent, methodical, observ- 
ing man ; resolute in the accomplishment of every un- 
dertaking; and possessing a good fund of practical 
common sense. The mother was kind and amiable in 
disposition, winning in her manners, and had received 
an excellent education. Upon her devolved the duty, 
after their change of residence, of instructing the 
younger children until they were of a suitable age to 
be sent to school, and never was duty more faithfully 
discharged. Under her supervision John learned the 
rudiments of the English language, and the Latin 
grammar ; and when he had reached his eighth year, 
he was sent to a grammar-school at New Rochelle, 
kept by the pastor of the French church, in whose 
family he was a boarder. While here, he was subject- 
ed to many inconveniences and hardships, owing to 
the simple and meagre diet to which he was restricted, 
and the bad condition of his lodgings ; but it is prob- 
able they operated beneficially on his character, in 



JOHN JAY. 



producing that self-reliant, contented disposition, for 
which he was distinguished. 

From early youth he was remarked for his grave 
and studious deportment, and the reflective cast of his 
mind. The sports and pastimes of boyhood were not 
entirely without attraction for him, yet he never neg- 
lected his duties to participate in them. Though his 
playfellows and associates looked upon him with some- 
thing of the feelings with which the companions of 
Descartes regarded " the little philosopher," he never 
lost their respect and esteem ; and those who shared 
his intimacy found, underneath the reserve habitual to 
him, a deep and copious well-spring abounding in all 
the kindly qualities that lend their charms to social 
converse. For- boisterous amusements he had no 
relish, but in rational enjoyment always took sincere 
delight. While at New Rochelle, he became quite a 
proficient in the French language, from hearing it 
spoken so much by the Huguenot emigres and their 
descendants, — the knowledge of which, in after life, 
was of great service to him. 

After remaining three years at the grammar-school, 
he was taken home by his father, and placed under 
the instruction of a private tutor, who prepared him 
for college. In the year 1760, he entered the freshman 
class of King's, afterwards Columbia College, in the 
city of New York. This institution was then in 
charge of the excellent and estimable Dr. Samuel 
Johnson, its first president, who was succeeded, on his 



CHOOSES THE LEGAL PROFESSION. 87 

resignation in 17G3, by Dr. Myles Cooper, a gentle- 
man of considerable literary eminence, but whose high 
tory principles obliged him to leave the country in 
1775. 

Young Jay was naturally diffident, yet at all times 
firm in the maintenance of what he believed to be 
right. Though exposed to repeated temptations, by 
his residence in the city, none had the power to allure 
him from his studies ; and throughout his whole colle- 
giate course, his application and correct deportment 
were observed by his teachers and friends with sincere 
delight.* In every exercise he was well prepared; in 
every study thorough and accurate. He was not 
blind to his deficiencies, few as they were, and care- 
fully and diligently corrected them. An impediment 
in his speech for a long time caused him great annoy- 
ance, but with the perseverance and determination of 
the Athenian orator, he exercised his voice by reading 
aloud, until he obtained complete control over it. As 
the time for his leaving college approached, it became 
necessary for him to make choice of a profession. In 
this he was unbiased by the influence of his father, 

* This stotement is not at all inconsistent with the fact, that Mr. Jay 
was suspended for a sliort time, during the last year of his collegiate 
term, for refusing to inform against some of his companions. He always 
insisted that this was not required of him by the statutes of the institution ; 
and then, as afterwards, he could not be driven from a position which 
he had taken with dolil)oration. When he returned to college, after tlie 
period of his suspension had expired; he was cordially welcomed by 
the president and professors. 



?P JOHN JAY. 

and after due reflection decided in favor of the law. 
^ Having formed this resolution, he commenced reading, 
in his leisure hours, the great work of Grotius on 
natural and national law, in company with a classmate 
who had chosen the same profession. 

He graduated on the 15th of May, 1764 — on which 
occasion he delivered the Latin Salutatory, then, as 
now, considered the highest honor of the institution. 
Within a fortnight after taking his degree, he entered the 
ofRce of Benjamin Kissam, an eminent counsellor in 
the city of New York. For nearly two years the 
celebrated Lindley Murray was his fellow-student, and 
though soon separated from each other by the political 
differences of the country, the intimacy then formed 
was never entirely lost sight of, but often referred to, 
on both sides, with emotions of pleasure. Mr. Kissam 
was as famed for the qualities of his heart as for those 
of his head. The intercourse between him and young 
Mr. Jay was of the most free and unreserved charac- 
ter ; and the relation of preceptor and pupil seemed to 
be merged in the more familiar one of friends. After 
Mr. Jay's admission to the bar, he was frequently 
brought in contact with Mr. Kissam, by being em- 
ployed on the opposite side of the same cause. " On 
one of these occasions," says his son and biographer, 
" the latter [Mr. Kissam] being embarrassed by some 
position taken by the other, pleasantly remarked in 
court, that he had brought up a bird to pick out his 



HIS MARRIAGE. 



own eyes. ' Oh no,' retorted liis opponent, ' not to pick 
out, but to open your eyes.' "* 

Mr. Jay was admitted to practice in 1768, and im- 
mediately entered into partnership with Robert R. 
Livingston, the cousin of his future wife, then a prac- 
tising lawyer in the city of New York, and afterwards 
chancellor of the state. This connection was soon 
dissolved, by mutual consent, and without the least ill- 
feeling on either part ; on the contrary, they remained 
through life warm and attached friends. 

During his clerkship, Mr. Jay had been a careful 
and diligent student, and soon after he commenced 
practice, he acquired a high reputation for his attain- 
ments as a jurist, and his honesty, fidelity, and ability 
as an advocate. His unremitting devotion to his pro- 
fessional business in a short time seriously injured his 
health, which had previously been quite robust ; and, 
under the advice of his physician, he took lodgings out 
of town about six miles, and rode into the city every 
morning on horseback. In addition to attending to 
the regular business of his office, a great portion of his 
time, about this period, was employed in discharging 
the duties of secretary to the commissioners appointed 
to settle the disjmted boundary between New York 
and New Jersey. 

In the year 1774, Mr. Jay was married to Sarah 
Livingston, the youngest daughter of William Livings- 
ton, a delegate to the first continental congress from 

* Life of Jay, vol. i. p. 23. 



^ JOHN JAY. 

New Jersey, and afterwards governor of that state for 
many years. This connection was, indeed, one of the 
happiest events of his hfe. The union was literally 
and truly one of hearts, and not merely one of hands. 
Kind, gentle, tender, and affectionate, she was a fitting 
helpmate to such a man. The most perfect reciprocity 
of sentiment and feeling always existed between them, 
and each seemed to act voluntarily and without 
thought, in accordance with the well-known proverb — 

" He that would thrive 
Must ask Ids ■wife." 

She participated in his counsels ; she shared his vicis- 
situdes ; and joy and happiness borrowed half their 
charms from her presence and participation. In the 
brilliant salons of Madrid and Paris, she was a com- 
panion of whom he might well be proud ; and in his 
quiet American home, she was the grace and ornament 
of the family circle — the faithful friend, and the dis- 
interested adviser. 

In the early movements of the opponents of British 
misrule and taxation, Mr. Jay took a deep interest. 
His immediate family connections were whigs, though 
the Phillipses, and some of the Van Cortlandts, sided 
with the crown. Many of his most intimate friends 
and associates, also, were tories, — among them Lindley 
Murray and Peter Van Schaack. From the first, 
however, he sympathized with the oppressed colonists ; 
and when the time came for action, the hitherto un- 



DELEGATE TO THE CONTINENTAL CONGRESS. 91 

clouded repose of his domestic life and all his bright 
prospects of professional eminence, were cheerfully 
sacrificed for the common good. Others may have 
been louder and bolder in their denunciations, but none 
approved themselves more staunch or more steadfast. 
He was ardent and sincere in his devotion to the cause 
of American Independence ; yet his feelings were 
softened and mellowed 

" by that mildness of truth, 
Which tempers, but chills not, the patriot fire." 

When the intelligence of the passage of the Boston 
Port Bill was received in the city of New York, a 
meeting of the citizens was called, on the 16th of 
May, 1774, to consult on the measures proper to be 
pursued, at which a committee of fifty was selected 
to correspond with the sister colonies. Mr. Jay was 
chosen a member of this committee, and as one of the 
sub-committee subsequently appointed, prepared the 
draft of a letter in answer to one received from the 
Boston committee, in which the proposition of a "Con- 
gress of Deputies from the Colonies in general," was 
first suggested. In the following month of July, 
he was duly chosen one of the delegates to the first 
Continental Congress, and took his seat in that body, 
at Philadelphia, on the 5th of September, in the same 
year. 

Though still quite a young man, the talents of Mr. 
Jay were so widely known, and so highly appreciated, 



mS' JOHN JAY. 

that he was immediately placed on several of the most 
important committees. One of these was selected for 
drafting an address to the people of Great Britain, and 
a memorial to the people of British America. The 
duty of preparing the address was assigned to Mr. 
Jay by his associates on the committee. Distrustful 
though he was, of his ability to perform the task al- 
lotted to him, with satisfaction to the other members, 
he nevertheless knew how important it was, for his 
own reputation, that the effort should not be a complete 
failure. He therefore withdrew himself from inter- 
ruption, by leaving his regular lodgings, and taking a 
private room in a tavern. Here, shut out from the 
world, he composed that manly and eloquent appeal, 
on behalf of the colonists to their brethren in the 
"fatherland," which Mr. Jefferson pronounced to be 
the production "of the finest pen in America."* The 
purity of its style, its loftiness of sentiment, and its 
earnest and impressive eloquence, may be inferred 
from the following extracts, taken from the opening 
and the close : — 

" When a nation, led to greatness by the hand of liberty, and possessed 
of aU the glory that heroism, munificence, and humamty can bestow, 
descends to the ungrateful task of forging chains for her friends and 
children ; and instead of giving support to freedom, turns advocate for 
slavery and oppression, there is reason to suspect she has either ceased 
to be vii'tuous, or been extremely negligent in the appointment of her 
rulers. 

" In almost every age, in repeated conflicts, in long and bloody wars, 

* Jefiferson's Works, voL L p. 8. 



EXTRACTS FROM THE ADDRESS. 93 

as •well civil as foreign, against many and powerful nations, against the 
open assaults of enemies and the more dangerous treachery of friends, 
have the inhabitants of your island, your great and glorious ancestors, 
maintained their independence, and transmitted the rights of men, and 
the blessings of liberty to you, their posterity. 

" Be not surprised, therefore, that we, who are descended from the 
same common ancestors ; that we, whose forefathers participated in all 
the rights, the liberties, and the constitution you so justly boast of, and 
who have carefully conveyed the same fair inheritance to us, guaranteed 
by the phghted faith of government and the most solemn compacts 
with British Sovereigns, should refuse to surrender them to men who 
found their claims on no principles of reason, and who prosecute them 
■with a design that, by having our hves and property in then- power, 
they may with the greater facility enslave you. 

" The cause of Amekica is now the object of imiversal attention : it 
has at length become very serious. Tliis unhappy country has not only 
been oppressed, but abused and misrepresented ; and the duty we owe 
to ourselves and posterity, to your interest, and the general welfare of 
the British Empue, leads us to address you on this very important 
subject. 

" Know Then, That we consider ourselves, and do insist, that we 
are and ought to be, as free as our fellow-subjects in Britain, and that 
no power on earth has a right to take our property from us without 
our consent. 

" Tliat we claim all the benefits secured to the subject by the English 
Constitution, and particularly that inestimable one of trial by jury. 

" That we hold it essential to English liberty, that no man be con- 
demned unheard, or punished for supposed ofltnces, without having an 
opportunity of making his defence. 

"That we think the Legislature of Great Britain is not authorized 
by the constitution to establish a religion fraught with sanguinary and 
impious tenets, or to erect an arbitrary form of government in any 
quarter of the globe, lliese rights we, as well as you, deem sacred. 
And yet, sacred as they are, they have, with many others, been repeat- 
edly and flagrantly violated. 



W$-" . JOHN JAY. 

" Are not the proprietors of the soil of Great Britain lords of their 
own property ? Can it be taken from them without their consent ? 
Will they yield it to the arbitrary disposal of any man, or number of 
men whatever ? You know they will not. 

" Why, then, are the proprietors of the soil of America less lords of 
their property than you are of yours ? — or why should they submit it 
to the disposal of your parliament, or any other parliament or council 
in the world, not of their election ? Can the intervention of the sea 
that divides us cause disparity in rights ? — or can any reason be given 
why English subjects, who live three thousand miles from the royal 
palace, should enjoy less Uberty than those who are three hundred miles 
distant from it ? 

" Reason looks with indignation on such distinctions, and freemen can 
never perceive their propriety. And yet, however chimerical and un- 
just such discriminations are, the parliament assert, that they have a 
right to bind us in all cases without exception, whether we consent or 
not ; that they may take and use our property when and in what man- 
ner they please ; that we are pensioners on their bounty for all that we 
possess ; and can hold it no longer than they vouchsafe to permit. Such 
declarations we consider as heresies in English politics, and which can 
no more operate to deprive us of our property, than the interdicts of 
the pope can divest kings of sceptres, which the laws of the land, and 
tlie voice of the people, have placed in their hands. 

♦ * * » * a 

" We believe there is yet much virtue, much justice, and much public 
spirit in the English nation. To that justice we now appeal. You 
have been told that we are seditious, impatient of government, and 
desirous of independence. Be assured that these are not facts, but 
calumnies. Permit us to be as free as yourselves, and we shall ever 
esteem a union with you to be our greatest glory, and our greatest 
happiness ; we shall ever be ready to contribute all in our power to the 
welfare of the empire ; we shall consider your enemies as our enemies, 
and your interest as our own. 

" But if you are determined that your ministers ehall wantonly sport 
with the rights of mankind : if neither the voice of justice, the dictates 



EXTRACTS FROM THE ADDRESS. 95 

of the law, the principles of the constitution, or the suggestions of 
humanity, can restrain your hands from shedding human blood in such 
an impious cause, we must then tcU you, that we will never submit to 
be hewers of wood and drawers of water for any miiiistry or nation in 
the world. 

" Place us in the same situation that we were at the close of the la.st 
war, and oui" former harmony will be restored. But lest the same 
supineness, and the same inattention to onr common interest, which you 
have for several years shown, should continue, we think it prudent to 
anticipate the consequences. 

" By the destruction of the trade of Boston, the ministry have en- 
deavored to induce submission to their measures. The like fate may 
befaU us all. We will endeavor, therefore, to hve without trade, and 
recur for subsistence to the fertihty and bounty of our native soil, which 
affords us all the necessaries, and some of the conveniences of life. We 
have saspended our importation from C4reat Britain and Ireland ; and in 
less than a year's time, unless our grievances should be redressed, shall 
discontinue om- exports to those kingdoms, and the West Indies. 

" It is with the utmost regret, however, that we find ourselves com- 
pelled, by the overruling principles of self-preservation, to adopt 
measures detrimental in their consequences to numbers of our fellow- 
subjects in Great Britain and Ireland. But we hope that the magna- 
nimity and justice of the British nation will furnish a parliament of such 
wisdom, independence, and public spirit, as may save the violated 
rights of the whole Empli-e from the devices of wicked ministers and 
evil counsellors, whether in or out of office ; and thereby restore that 
harmony, friendship, and fraternal affection, between all the inhabitants 
of his majesty's kingdoms and territories, so ardently wished for by 
every true and honest Americaa" 

On the 18th of October, the draft of an address, 
prepared by Mr. Jay, was reported from the committee. 
A few unimportant amendments were made, and on 
the 21st instant it was duly adopted. Although the 



#6 . JOHN JAY. ' \ 

powers of this congress were merely advisory, they 
recommended, in the strongest terms, the non-importa- 
tion and non-consumption of British goods, and advised 
the appointment of town and county committees to 
carry into effect the regulations having that object in 
view, which were prepared and approved by them 
during their session. In the short period of six weeks 
their labors were ended, and after making provision for 
the meeting of another congress in May of the follow- 
ing year, they adjourned sine die. 

Mr. Jay and his colleagues hastened home to their 
constituents. In accordance with the recommendation 
of Congress, the New York committee of correspond- 
ence called on the citizens to elect a committee of ob- 
servation. This was immediately done, and the former 
committee dissolved. Of the new committee Mr. Jay 
was a member; and subsequently, when it appeared 
that the powers of this body were too limited, one 
hundred persons, including himself, were selected to 
form another committee, called the Committee of Asso- 
ciation, who were invested with the most ample powers 
to provide for the safety of the city, and the enforce- 
ment of the measures proposed by Congress for inter- 
rupting the commerce of Great Britain with her colo- 
nies. ^' 

As the provincial legislature no longer reflected the 
sentiments of the people of the colony, but was more 
or less controlled by the employes and adherents of the 
crown, the New York committee of observation had 



COMMENCEMENT OF HOSTILITIES. 97 

recommended to the counties to select deputies to a 
provincial congress. This body did not assemble until 
the 28th of May, 1775, prior to which time, the com- 
mittee of association called upon the citizens to arm 
themselves and make every preparation for the ap- 
proaching struggle. Mr. Jay took an active and in- 
fluential part in all these proceedings ; and his time 
and talents were constantly in requisition, in conduct- 
ing correspondence, and preparing reports and ad- 
dresses. 

To the second congress, which assembled at Phila- 
delphia on the 10th of May, he was also elected a 
delegate. Hostilities had nov/ commenced, and blood 
had been shed at Lexington and Concord. Hitherto, 
a redress of grievances was all that the colonists had 
asked for or desired. It had, indeed, been charged 
against those who had taken the lead in resisting the 
obnoxious measures of the British parliament, that they 
looked forward to a separation from the mother country 
and the independence of the colonies. But this charge 
was wholly unfounded. In August, 1774, Dr. Franklin 
assured Lord Chatham, that he had more than once trav- 
elled almost from one end of the continent to the other, 
and that he " never had heard, in any conversation 
from any person, drunk or sober, the least expression 
of a wish for a separation, or a hint that such a thing 
would be advantageous to America."* Mr. Jay bore 
similar testimony, from his calm retirement at Bedford : 

* Franklio's letter to his son, March 2 2d, 1775. 
5 



JOHN JAY. 



"During the course of my life," said he, "and until 
after the second petition of congress, in 1775, I never 
did hear any American of any class, or of any descrip- 
tion, express a wish for the independence of the colo- 
nies. * * * It has always been, and still is my opinion, 
and belief, that our country was prompted and impelled 
to independence, by necessity, and not by choice."* 

So, too, affirmed John Adams and Thomas Jeffer- 
son. " For my own part," said the former, " there was 
not a moment during the revolution, when I would not 
have given everything 1 possessed for a restoration to 
the state of things before the contest began, provided 
we could have had a sufficient security for its continu- 
ance ;" and Mr. Jefferson declared, that before the 
commencement of hostilities he "never had heard a 
whisper of a disposition to separate from Great Britain ; 
and after that, its possibility was contemplated with 
affliction by all."t Washington and Madison ex- 
pressed similar sentiments ; and such, in truth, seems 
to have been the real state of feeling existing in the 
colonies at the time of the assembling of the second 
congress. J 

But now the question of a separation from Great 
Britain began to be soberly and seriously discussed. 
The congress of 1775 directed an army to be raised — 
not so much to achieve independence, however, as to 

* Life of John Jay, voL ii. pp. 412, 413. 

f Ibid. vol. ii. pp. 416, 417. 

J Sp-orks' Writings of Washington, vol iL pp. 498, 600, 501. 



SECOND PETITION TO THE KING. 99 

resist the efforts of the royal authorities to enforce the 
observance of the tyi-annous acts of parhament — and 
enacted rules and regulations for its governance. At 
this crisis, Mr. Jay, though apprehensive of the worst, 
still hoped that redress might be obtained.* Concilia- 
tion was in his heart and on his tongue ; and he spoke 
and practised in conformity to the sentiments that fell 
from his lips. Upon his motion, a committee was ap- 
pointed to draft a second petition to the king. This 
measure was only carried after long debate ; for many 
insisted, that forbearance had already ceased to be 
a virtue, and that further humiliation would be fol- 
lowed by further insults and indignities. The sequel 
proved that they were correct ; yet, as Mr. Jay con- 
tended would be the Case, when the subject was under 
consideration, many who had previously doubted and 
hesitated, were induced, by the rejection of the second 
petition, to admit the propriety and necessity of a re- 
sort to arms. Mr. Jay was appointed on the commit- 
tee to prepare the petition, but the paper itself was 
drawn up by Mr. Dickinson. At this session, a second 
address to the people of Great Britain was likewise 
adopted ; also, an address to their fellow-subjects of 
Jamaica and Ireland. The latter was drawn by Mr. 

* This feeling seems to have been prevalcnt-in Congress at this ses- 
EJon ; for though Dr. Franklin submitted to their consideration, a sketch 
of articles of confederation, to be perpetual, in case there should be no 
reconcihation with Great Britain, his project was not taken up for dis- 
cussion. 



100 JOHN JAY. ■ ' ' 

Jay, at the request of his father-in-law, Mr. Livings- 
ton, who was a member of the committee selected to 
prepare it. 

Notwithstanding the adoption of the second petition, 
congress did not neglect any of the preparations ne- 
cessary for putting the country in a state of defence, 
and strengthening the means of resistance. These 
measures, and others of like import, were warmly and 
cheerfully supported by Mr. Jay. He was now com- 
pletely enlisted in the cause, and held himself in readi- 
ness to obey the call of his country wherever she might 
need his services, whether in the field or in the cabinet. 
Consequently, while congress was in session, in the 
month of November, he received and accepted the 
commission of colonel of the second regiment of mi- 
litia of the city of New York, tendered him by the 
provincial congress. He never joined his regiment, 
however, as his eloquent pen, his keen sagacity, his 
prudence and discrimination, were required in the 
councils of that memorable body, whose deliberations 
at this period were fraught with such momentous con- 
sequences. 

Respectful in tone and loyal in sentiment, as was 
the second petition to the king, it nevertheless shared 
the fate of its predecessor. All hope of an accommo- 
dation was now abandoned, and Mr. Jay was among 
the boldest and foremost in proposing and advocating 
still further warlike measures. It was determined, 
among other things, to issue privateer commissions, 



ELECTED TO THE PROVINCIAL CONGRESS. 101 

with a view of crippling the commerce of Great Brit- 
ain, and thus attacking her in the most vulnerable spot ; 
but before commencing an offensive warfare, a declara- 
tion setting forth the causes and necessity of taking up 
arms, was prepared by a committee of which Mr. Jay 
was a member, and adopted by congress on the 23d 
day of March, 1776. A few months later, all ties of 
allegiance between the colonies and the mother country 
were severed by the Declaration of Independence. 

When this important step was taken, Mr. Jay's seat 
in congress was vacant, and remained so during the 
rest of the session, though he continued to act as a 
member of the secret committee of correspondence, 
appointed in 1775, upon whom devolved the duty of 
communicating with the agents of congress in foreign 
countries. In the month of April, 1770, he had been 
elected a representative from the city and county of 
New York to the provincial convention or congress. 
When this body assembled, a grave question was pre- 
sented for deliberation. It was, whether or not a per- 
manent government for the colony should be estab- 
lished. At this time the delegates to the continental 
congress from New York were appointed by the colo- 
nial congress, and were subject to be recalled by them. 
Mr. Jay's counsel and advice being needed in the pro- 
vincial congress, his attendance was required by reso- 
lution. On receiving the summons he left Philadelphia, 
and returned to the city of New York, where the 
colonial convention or congress was in session. At 



102 ■■ '■ ' >••' " /• JOHN JAY. V, i::' ■:.■' .r 

his suggestion a series of resolutions were adopted, 
calling on the people to elect delegates to a new con- 
vention, with express power to establish a form of 
government. 

The election took place, and Mr. Jay was regularly 
chosen a delegate. The new provincial congress met 
at White Plains on the 9th of July, 1776. That very 
day the Declaration of Independence adopted by the 
continental congress on the 4th instant was received. 
But few moments were required for deliberation. The 
subject was forthwith referred to a committee of which 
Mr. Jay was chairman, who almost immediately re- 
ported a resolution affirming that the I'easons assigned 
by the continental congress for declaring these united 
colonies free and independent states, were cogent and 
conclusive ; and that while they lamented the cruel 
necessity which rendered this measure unavoidable, 
they approved the same, and would, at the risk of their 
lives and fortunes, join with the other colonies in sup- 
porting it. Thus was Mr. Jay the instrument of pledg- 
ing New York to the support of the declaration, though 
by his absence from Philadelphia he had been denied 
the privilege of voting in its favor. 

New York was now invaded by the enemy, and 
other subjects connected with the defence of the state 
engrossed so much of the time of the provincial con- 
gress, that they were only able to appoint a committee 
to prepare a form of government. Mr. Jay was se- 
lected as the chairman of the committee, and the 



INVASION OF NEW YORK. 103 

task of preparing a state constitution was allotted to 
him. 

Disaster and defeat attended the American arms on 
Long Island, and the city of New York was soon in 
possession of the royal forces. Treason and dis- 
satisfaction were everywhere prevalent, and the timid 
and faint-hearted began to despair. There being no 
executive authority organized in the state, the powers 
of government were exercised by the convention and 
its committees. A Committee of Safety was also ap- 
pointed by the provincial congress, who were clothed 
with almost dictatorial powers, " for inquiring into, de- 
tecting and defeating, all conspiracies which [might] 
be formed in this state, against the liberties of Amer- 
ica." Mr. Jay was the chairman of this committee, 
and rendered most important services, both in reassur- 
ing those who had begun to falter in the good cause, 
and in counteracting the projects of the British officers, 
and their tory friends and abettors. The agents of 
this committee were distributed throughout the whole 
state, and their power was felt in the most remote set- 
tlements. The emissaries of royalty were tracked to 
their hiding-places, and their plans discovered and 
frustrated ; the disaffected were required to give se- 
curity for their good behavior; and the tories were 
either banished or imprisoned. 

This was, indeed, a period of gloom and despond- 
ency, and the pen of Mr. Jay was often put in requisi- 
tion, for the purpose of arousing the people to engage 



JOHN JAY. 



in the defence of the country with greater alacrity, of 
awakening their attention to the importance of the 
emergency — of encouraging their hopes and stimulat- 
ing their patriotism. Among the ablest and most elo- 
quent of his productions, is the address from the pro- 
vincial congress to their constituents, which was pre- 
pared by him, and adopted on the 23d of December, 
1776. After enumerating the wrongs of the colonies, 
and showing how utterly futile must be every effort to 
reduce them to submission, he thus concludes his ear- 
nest and impressive appeal : '• Rouse, brave citizens ! 
Do your duty like men ; and be persuaded that Divine 
Providence will not permit this western world to be 
involved in the horrors of slavery. Consider, that 
from the earliest ages of the world, religion, liberty, 
and reason, have been bending their course towards 
the setting sun. The holy gospels are yet to be preached 
to these western regions ; and we have the highest 
reason to believe that the x\lmighty will not suffer 
slavery and the gospel to go hand in hand. It cannot 
— it will not be. 

" But if there be any among us, dead to all sense of 
honor, and love of their country; if deaf to all the 
calls of liberty, virtue, and religion ; if forgetful of the 
magnanimity of their ancestors, and the happiness of 
their children ; if neither the examples nor the success 
of other nations — the dictates of reason and of nature ; 
or the great duties they owe to their God, themselves, 
and their posterity, have any effect upon them — if nei- 



STATE CONSTITUTION. 105 

ther the injuries they have received, the prize they are 
contending for, the future blessings or curses of their 
children — the applause or the reproach of all mankind 
— the approbation or displeasure of the Great Judge — 
or the happiness or misery consequent upon their con- 
duct, in this and a future state, can move them ; — then 
let them be assured, that they deserve to be slaves, and 
are entitled to nothing but anguish and tribulation. 
Let them banish from their remembrance the reputa- 
tion, the freedom, and the happiness they have inherited 
from their forefathers. Let them forget every duty, 
human and divine ; remember not that they have chil- 
dren : and beware how they call to mind the justice 
of the Supreme Being : let them go into captivity like 
the idolatrous and disobedient Jews ; and be a reproach 
and a by- word among the nations. But we think bet- 
ter things of you — we believe and are persuaded that 
you will do your duty like men, and cheerfully refer 
your cause to the great and righteous Judge. If suc- 
cess crown your efforts, all the blessings of freemen 
will be your reward ; if you fall in the contest, you 
will be happy with God in heaven !"* 

The provincial congress were unable, owing to the 
exposed condition of the state, and the distractions and 
divisions prevailing among a large portion of its inhabi- 
tants, to enter upon the subject of organizing a state 
government, until the spring of 1777. The draft of a 
constitution prepared by Mr. Jay, was reported to the 
* Life of John Jay, vol. i. p. 56. 
5* 



106 JOHN JAY. » 

convention on the 12th of March. In many of its 
features, this instrument was decidedly aristocratic in 
its character, though probably not more so than might 
naturally have been expected, from the position of 
those concerned in framing it. At that time, a very 
great share of power and influence in the state, even 
among the whigs, was held by the Livingstons, the 
Schuylers, the Clintons, the Duanes, the Van Rensse- 
laers, the Van Cortlandts, the Morrises, and a few 
other prominent families ; and furthermore, democratic 
notions and principles were hardly as well under- 
stood, or as popular, at that day, as they have since 
become. 

In the midst of the discussion on the constitution as 
reported by the committee, Mr. Jay was summoned to 
the bedside of his dying mother, at Fishkill, to which 
place his parents had removed when the lower counties 
of New York were overrun by the enemy. During 
his absence the final vote was taken, and the con- 
stitution adopted ; much to his regret, however, as he 
designed to propose several amendments, and to en- 
graft some new features, among which was a clause 
against the continuance of domestic slavery. Prior to 
the adjournment, the convention appointed, temporarily, 
the higher judicial and ministerial officers of the state. 
Mr. Jay was selected, by general consent, for the office 
of Chief Justice of the Supreme Court. It was also 
thought advisable to appoint a Council of Safety, con- 
sisting of members of the Convention, upon whom 



APPOINTED MEMBER OF THE COUNCIL OF SAFETY. 107 

was devolved the administration of the government, 
until the governor and legislature vv^ere elected. 

Mr. Jay was appointed a member of the Council of 
Safety, the duties of which office engrossed his whole 
time and attention throughout the summer, with the 
exception of a few brief intervals spent in ministering 
to the comforts of his aged father, or in the society of 
his devoted wife. The first term of the Supreme 
Court was held at Kingston, on the 9th of September, 
1777, on which occasion the chief justice delivered 
an able charge to the grand jury, congratulating them, 
and through them the people of the state at large, upon 
the favorable turn in the affairs of the infant republic, 
and encouraging them to hope for a glorious issue to 
the struggle in which she was engaged. Soon after 
the delivery of this charge, the temporary appoint- 
ments made by the convention were confirmed by the 
legislature ; Mr. Jay, doubtless, preferring the situation 
to which he had been appointed, as he had been re- 
peatedly solicited to become a candidate for the office 
of governor, but had uniformly declined. 

Under the constitution of 1777, the veto power was 
lodged in the Council of Revision, which consisted of 
the governor, the chancellor, and the judges of the 
Supreme Court. Consequently, during the sessions of 
the legislature, Mr. Jay was much occupied, in attend- 
ance at the meetings of the council, and in the 
discharge of his official duties ; yet, notwithstanding, 
he found time to devote considerable attention to the 



108 ' JOHN JAY. 

conduct and progress of the war, even when his other 
engagements were the most pressing. His whole time, 
indeed, was given to his country and his family, — the 
former receiving much the larger share. 

On accepting the post of Chief Justice, Mr. Jay 
was obliged to vacate his seat in Congress, as the new 
constitution prohibited him from holding any other 
office, except that of delegate to Congress, on a special 
occasion. But on the 10th of November, 1778, the 
legislature decided that the difficulty with Vermont 
constituted a special occasi(^n which required his 
services in congress, and therefore elected him a 
delegate without vacating his judicial office. He once 
more took his seat in that body, then in session at 
Philadelphia, on the 7th of December following, and 
three days afterwards, on the resignation of Henry 
Laurens, was chosen to preside over its deliberations. 

In consequence of the critical condition of the 
country, and the frequent necessity of prompt action 
to provide for the public safety, congress now took no 
recess, but remained constantly in session. Mr. Jay 
did not absent himself in a single instance from his 
seat; but he soon came to the conclusion that his 
protracted absence from the state was hardly consist- 
ent with his position as chief justice. Accordingly, 
he determined on resigning the latter office, in the fall 
of 1779. Governor Clinton urgently requested him to 
recall his letter of resignation, but he persisted in the 
resolution he had formed. 



MINISTER TO SPAIN. 109 

While acting as president of congress, the high 
honor was conferred upon him of being selected to 
prepare a circular letter to the states, urging them to 
furnish the funds required for a vigorous prosecution 
of the war. Like all his productions of a similar 
character, this is distinguished for its manly earnest- 
ness, and its patriotic tone. " Let it ncAxr be said," 
he remarked at the close of the letter, " that America 
had no sooner become independent than she became 
insolvent, or that her infant glories and growing fame 
were obscured and tarnished by broken contracts and 
violated faith, in the very hour when all the nations of 
the earth were admiring and almost adoring the 
splendor of her rising." 

A secret article annexed to the treaty with France, 
concluded in February, 1778, provided, that Spain 
might also accede thereto, whenever she thought 
proper ; and during the suunner of 1779, congress 
was repeatedly urged by the French minister, M. 
Gerard, to take measures for securing the object con- 
templated by that article. It was finally concluded to 
dispatch an envoy to the Spanish court, and on the 
27th of September, Mr. Jay was selected for that im- 
portant mission. His instructions were delivered to 
him on the 16th of October, and on the 18th instant 
he set sail from America in the frigate Confederacy. 
He was accompanied by his wife, and her brother, 
Brockholst Livingston, who acted as his private sec- 
retary. 



JOHN JAY. 

On the passage, he narrowly escaped shipwreck. 
The Confederacy was obliged to put into St. Pierre 
in the island of Martinique, in distress. It was for- 
tunate that this port was selected instead of Fort 
Royal, as a large English fleet was then lying off the 
latter town, and would undoubtedly have captured the 
American vessel had she come within reach. From 
St. Pierre, Mr. Jay and his suite proceeded, in a 
French frigate, to Cadiz, where they arrived on the 
22d of January, 1780. No time was lost in com- 
municating his arrival to the Spanish minister. Count 
Florida-Blanca ; but weeks and months passed away 
without his being honored with a formal reception in 
his official character. After much solicitation on his 
part, pecuniary assistance, to some extent, was obtained ; 
but the Spanish monarch declined to recognize the 
independence of the American colonies, or to enter 
into a treaty with them, unless they would surrender 
their claims to the navigation of the Mississippi. This 
Mr. Jay was neither willing, nor prepared to do, on 
their behalf But in the month of July, 1780, he was 
authorized by congress to make further concessions, 
and not to insist on the free navigation of the Missis- 
sippi below the southern boundary of the United 
States. The projet of a treaty was then drawn up by 
him and submitted to the Spanish minister, one article 
of which relinquished the claim to the navigation of 
the river, in accordance with the instructions of con- 
gress. The negotiation was now suspended, however. 



TREATY OF PEACE. Ill 

by the appointment of Mr. Jay, in conjunction with 
Messrs. Adams, FrankHn, and Laurens, as commission- 
ers to conchide a peace with Great Britain. 

He left Madrid in May, 1782, and on the 23d of 
June joined Dr. Franklin in Paris. The instructions 
of congress required the commissioners, in any ne- 
gotiation for a treaty of peace, to act under the advice 
of the French government. It soon became evident 
to Mr. Jay that France was unwilling that terms of 
peace should be concluded, unless they were calculated 
to subserve her interests, and, through his persuasion 
and influence, his colleagues were induced to unite 
with him in disregarding the instructions of congress. 
The provisional articles were therefore agreed upon, 
without consultation with the French government, and 
regularly signed on the 30th of Noven:iber, 1782.^ 

* Although Mr. Jay always persisted in affii'iiiing that he was per- 
fectly indifferent as between England and France, (Life by liis son, voL 
ii, p. 261,) yet it is very evident that he was inclined to be partial to 
the former. His ancestors had there found a refuge, when fleeing from 
the persecutions of the French Catholics, and it is but nr^tural that he 
should have imbibed their prejudices. He opposed the invasion of 
Canada, during the revolutionary war, preferring, doubtless, to have it 
remain imder the dominion of Great Britain, than be transferred to the 
original possessors. (Life of Jay, vol i. p. 84.) 

France — that is, the government as distinguished from the people, 
for they were heart and soul with us — may have desired that America 
should become her protegee ; yet it is still a mooted question, whether 
Louis and his ministers acted in bad faith ; and the prejudices of Mr. 
Jay may have enabled him to discover what escaped the penetration 
of Adams and Franklia The reader will find some able communica- 



, ; JOHN JAY. 

It deserves to be mentioned of Mr. Jay, in con- 
nection with this transaction, that he manfully and 
resolutely refused to treat with the British commis- 
sioners, although his associates were disposed to yield 
the point, unless the independence of the colonies 
was first conceded, by acknowledging their represen- 
tatives, at the outset, as the commissioners of the 
United States of America. 

After the arrival of Mr. Jay in Paris, the Spanish 
minister, at the French court, proposed to resume the 
negotiations which had been broken off at Madrid. 
The former readily assented to this, but the question in 
respect to the navigation of the Mississippi formed 
an insuperable obstacle to any satisfactory arrange- 
ment. In the spring of 1783, Mr. Jay was invited to 
return to Madrid, to renew his negotiations, and he at 
one time decided to comply with the invitation. But 
the enfeebled state of his health, occasioned by the 
unfriendly cHmate of Spain, and his devotion to his 
public duties, compelled hiin to reconsider his deter- 
mination. He remained in France until the definitive 
treaty of peace was signed, in September, 1783, and 
then proceeded to England to try the eflfect of the 
waters of Bath. He rejoined his family, whom 
he had left at Paris, in January, 1784, and in the 

tions on this subject in the National Intelligencer, during August, Sep- 
tember, and October, 184'7. For Mr. Jay's views upon this subject, and 
the details of his course, see liis hfe by his son, vol L p. 120, et seq., and 
vol il p. 456, et eeq. 



APPOINTED SECRETARY OF FOREIGN AFFAIRS. 113 

month of IMay following embarked for the United 
States. 

On the 24th of July, 1781, Mr. Jay landed at New 
York, and was honored with a most enthusiastic re- 
ception by his fellow-citizens, v/ho congratulated him 
upon the signal services he had rendered to the colonies 
during the contest for independence, and in the nego- 
tiations which resulted in the treaty of peace. An 
address was also presented to him by the corporation 
of New York, accompanied with the freedom of the 
city, in a gold box. 

Many of the friends of Mr. Jay had desired that 
he should continue to represent the Confederation at 
some one of the European courts, but he refused to 
accept any appointment that required his permanent 
residence abroad. He had for some years contem- 
plated retiring to private life, and resuming the practice 
of his profession, at the close of the war, though the 
death of his father, which had occurred during his 
absence, removed one of the reasons that influenced 
him in coming to that decision. Upon his return home, 
however, he found that he had been elected by con- 
gress, on the 7th of May previous, to the responsible 
ofiice of Secretary for Foreign Affairs. He at first 
hesitated about accepting the office, and wiiile he was 
still undetermined he was again appointed by the stale 
legislature one of their delegates to congress. Tiiat 
body met at Trenton on the 1st of November, but 
adjourned on the 23d of December to the city of 



114 JOHN JAY. 

New York, which continued to be the place of meeting 
till the adoption of the federal constitution. 

The removal of the seat of government to New 
York, to which Mr. Jay was partial as a place of 
residence, obviated his principal objection to the office 
of Secretary for Foreign Affairs. He therefore ac- 
cepted the appointment, and immediately entered upon 
the discharge of his official duties. For two years 
the office had been without a head, and he found its 
affairs in a most complicated condition. But order 
was soon restored under his auspices, and everything 
moved on harmoniously and with great dispatch. The 
post which he now held was in every respect the most 
important in the country, as the whole correspondence 
with foreign governments and with the states, was 
conducted by him. He was, in truth, the executive 
head of the Confederation, at least when congress was 
not in session ; and while they were convened, he was 
almost always consulted upon every measure of more 
than ordinary consequence. While acting in this 
capacity, he was again selected by congress to nego- 
tiate a treaty with the Spanish minister, but the 
navigation of the Mississippi still proved an insur- 
mountable difficulty. In accordance with his advice, 
he received instructions to consent to a suspension of 
the navigation for twenty years, below the southern 
boundary of the United States. But even this con- 
cession did not satisfy the Spanish envoy, and no treaty 
was concluded. For offerino; this advice an unsuc- 



DECLINES BEING CANDIDATE FOR GOVERNOR. 115 

cessful attempt was made in congress to revoke the 
commission given to Mr. Jay. All the southern 
delegates, with one exception, supported the motion, 
but it was defeated by the unanimous vote of the 
other members. 

In the summer of 1785, General Schuyler and other 
friends of Mr. Jay, urged him quite warmly to become 
a candidate for the office of governor of the state; but, 
although the duties of his present situation were a 
great deal more arduous, and the post itself far less 
lucrative, he declined giving the desired permission to 
bring him forward as a candidate. 

From the first organization of parties, Mr. Jay was 
a decided federalist, though usually moderate in the 
avowal of his opinions. The confiscation act of New 
York had been passed while he was in Spain, but he 
was so much opposed to the law that he could never 
even speak of it with complacency, and ever refused 
to purchase any land forfeited in pursuance of its pro- 
visions. Though he took no active part in the contro- 
versy, he approved of the surrender of the import 
duties at New York to the general government. 

His position as secretary enabled him to discover 
and appreciate the defective features in the articles of 
confederation. He was, therefore, among the foremost, 
in advocating the formation of a central government, 
possessing more power than had been given to the 
continental congress. The great evil of the existing 
system, in his opinion, was the " want of energy both 



JOHN JAY. 



in state and federal governments."* He was, therefore, 
not an inattentive observer of the proceedings of the 
convention assembled at Philadelphia in 1787, and the 
constitution w^hich they framed met with his cordial 
approbation. Those matchless papers written in its 
favor, which, under the collective appellation of " The 
Federalist," have survived all the mutations of parties, 
and are still regarded as safe guides in the determina- 
tion of constitutional questions, were prepared by him, 
in connection with Madison and Hamilton. He con- 
tributed the 2d, 3d, 4th, and 5th numbers, and was 
then obliged to discontinue writing, in consequence of 
a serious wound in the forehead from a stone thrown 
at him when attempting, with others, to preserve the 
peace of the city during the " doctors' mob." Subse- 
quently, however, he prepared the Glth number, on 
the treaty-making power. He also published an able 
address to the people of New York, but without his 
name, in support of the constitution. 

In April, 1788, he was elected a delegate from the 
city of New York to the state convention called to 
ratify the constitution, upon the same ticket with 
Robert R. Livingston, Richard Morris, James Duane, 
John Sloss Hobart, and Alexander Hamilton. The 
federalists were then largely in the majority in the 
city, but on account of his personal popularity, Mr. 
Jay ran considerably ahead of his associates, and out 
of 2833 votes given, he received all but 98. At the 

* Life of John Jay, vol. i. p. 251. 



CHIEF JUSTICE OF THE UNITED STATES. 117 

state convention he took an active part in discussing 
the constitution, and offered the resolution by which it 
was ratified. The great preponderance of anti-feder- 
ahsts in the convention rendered it impossible for the 
comparatively few federal members to exert much in- 
fluence ; but such was the confidence of all parties in 
Mr. Jay, that he was selected to draft the circular let- 
ter to the states, urging the adoption of the amend- 
ments proposed by the New York convention. 

Upon the organization of the federal government, 
General Washington tendered to Mr. Jay any office 
in his power to bestow. He selected that of Chief 
Justice of the Supreme Court of the United States, 
and was duly appointed to that office on the 26th of 
September, 1789. At the request of the president, he 
officiated as secretary of state until the arrival of Mr. 
Jefferson at the seat of government. The supreme 
court was not fully organized till April, 1790, when 
Mr. Jay entered upon his judicial duties. As a judge, 
he was distinguished for his firmness, impartiality, and 
integrity. His abilities, too, were held in high estima- 
tion, and the degree of Doctor of Laws was conferred 
upon him by Harvard University as a compliment to 
his attainments as a jurist. No man ever held in 
higher respect the fundamental principles of law and 
equity — none reverenced more sincerely the sacred 
fountains of jurisprudence ; but unwise precedents 
never found favor in his eyes, and unmeaning statutes 
were regarded as of but little worth. 



MS JOHN JAY. ■'■.:, 

While upon the bench, Mr. Jay scrupulously refrain- 
ed from interfering with political controversies, though 
he was often consulted by General Washington in re- 
gard to questions of public policy. In the month of 
February, 1702, he w^as nominated at a meeting of the 
federalists in the city of New York, as a candidate for 
governor, and was supported as such at the ensuing 
election. This nomination was made without sohcita- 
tion on his part, and he reluctantly yielded to the wishes 
of his friends. The election was closely contested. 
His competitor, George Clinton, had hitherto been re- 
garded as the most popular man in the state, and many 
of the warmest federalists in former years, including 
the Livingston family, took ground against Mr. Jay. 
The latter received a greater number of the votes 
cast ; but the canvassers, a majority of whom w^ere 
his political opponents, rejected the votes of Clinton, 
Tioga, and Otsego counties, on account of some techni- 
cal irregularities, and declared Mr. Clinton to be duly 
elected governor of the state.* 

The friends of Mr. Jay denounced the proceedings 
of the canvassers in the strongest terms, and had he 
contributed in any way to keep up the excitement, or 
had he favored even .indirectly a resort to violent 
measures, a scene of anarchy and confusion would 
soon have been presented. But he invariably replied 
to the addresses poured in upon him, in a mild and 
conciliatory tone, and on all occasions exerted himself 
* See page 61, ante. 



SPECIAL ENVOY TO ENGLAND, 119 

to allay the storm. The legislature sustained the de- 
cision of the canvassers, and, like a good citizen, he 
acquiesced without a murmur, — confident, meanwhile, 
that the " sober second thought" of the people would 
do him that justice which their representatives had 
withheld. The result of the next gubernatorial elec- 
tion showed most conclusively that he was not mis- 
taken. 

In the month of February, 1793, a suit was decided 
in the supreme court of the United States, which in- 
volved' the important question, whether a citizen of 
one state could brinci; an action aii^ainst another state. 
The chief justice delivered the prevailing opinion in 
the cause, by which the right to sue was maintained. 
This decision occasioned considerable dissatisfaction 
in the southern states, and it was only quieted by the 
adoption of the amendment to the constitution, which 
declares that the judicial power of tlie United States 
shall not extend to suits prosecuted against one of the 
states, by citizens of another state, or citizens or sub- 
jects of a foreign state. 

Mr. Jay was consulted by Washington in regard to 
the proclamation of neutrality, issued in April, 1793. 
He not only approved of that measure, but in his offi- 
cial capacity, and as a private individual, enjoined its 
observance upon his fellow-citizens. In the following 
year, when it was determined to dispatch a special en- 
voy to England to remonstrate with the British gov- 
ernment against its repeated violations of the treaty 



JOHN JAY. 

of 1783, and its efforts to monopolize the trade of 
America, John Jay was selected for the mission. His 
name was sent into the senate on the 16th of April, 
1704, and was soon after confirmed. Without resign- 
ing the office of chief justice, as his absence from the 
country was designed to be but temporary, he embark- 
ed from New York on the 12th of May. 

The result of Mr. Jay's mission was the celebrated 
treaty which bears his name, concluded on the 19th 
of November, 1794. The anti-federalists, or repub- 
licans, had originally endeavored to defeat his nomina- 
tion, and denounced in unmeasured terms all further 
attempts at negotiation ; and when the treaty was pub- 
lished, it at once encountered a most violent storm of 
denunciation. It did not want for able defenders, 
however, and was ultimately approved by the president 
and senate. The merits and demerits of this treaty 
have been often discussed ; but the space to do justice 
to them could hardly be afforded in a mere biographi- 
cal sketch. It was not in every respect such as was 
desired ; Mr. Jay himself hesitated to sign it ; Presi- 
dent Washington declined taking the responsibility of 
approving it, until he was advised so to do by the sen- 
ate ; and the latter only ratified it, with some modifi- 
cations, by the constitutional vote of two thirds. On 
the other hand, it was undoubtedly the best that could 
then have been obtained ; and, although it did not pre- 
vent a second war with Great Britain, it had the effect 



KLECTED GOVERNOR OF NEW YORK, 121 

of postponing hostilities till the country was better 
prepared for them.* 

Ill health prevented the return of Mr. Jay to Amer- 
ica until the spring of 1795. During his absence he 
was again put in nomination by his federal friends for 
the office of governor. The election took place in 
April, 1795, and before the contents of the treaty were 
made known. Public opinion was strongly enlisted in 
behalf of Mr. Jay, in consequence of the manner in 
which he had been defeated at the previous election, 
and in a poll of twenty-five thousand votes, he obtain- 
ed nearly sixteen hundred majority over the opposing 
candidate, Robert Yates, chief justice of the supreme 
court of the state. The former landed at New York 
on the 28th of May, and on the 1st of July took the 
oath of office as governor of the state ; having pre- 
viously resigned his seat on the bench of the supreme 
court. 

Governor Jay delivered his first speech to the legis- 
lature, at the commencement of the session in January, 
1796. He declared that he would proscribe no one 
for the sake of his political opinions, and that he would 
"regard all his fellow-citizens with an equal eye," and 

* See Marshall's Life of "Washington, vol. v. p. 533, et seq. ; Life of 
John Jay, vol. i. p. 305, et seq. ; vol. ii. p. 235, et seq. ; Sparks' Writ- 
ings of "Washington, vol. xi. p. 35, et seq. ; Gibbs' Administrations of 
"Washington and Adams, vol. i. p. 190, et seq.; Randolph's Vindication 
of his Resignation, Philadelj^hia, 1794; Examination of tlie Conduct of 
Great Britain respecting neutral states, Philadelphia, 1807. 
6 



122 JOHN JAY. 

"cherish and advance merit, wherever found." How- 
ever praiseworthy may have been the motives that 
prompted this declaration, — however noble the theory 
of the new governor, — he was utterly unable to reduce 
it to practice ; and during his administration a great 
number of removals were made from political consider- 
ations. Probably Mr. Jay did not concur in the pro- 
priety of making all these changes, but if so, he re- 
mained a passive spectator in the council composed 
of his friends.* 

Among the recommendations of the governor were 
the mitigation of the criminal code, and the establish- 
ment of institutions for the employment and reforma- 

* The biographer of Mr. Jay, (vol. i. p. 391) says that when the lat- 
ter entered upon the office of governor, " most if not all the offices" in 
the gift of the executive, were filled by the political friends of Governor 
George Chnton ; and he adds, furthermore, (ibid, p. 392) that " during 
the six years of Governor Jay's administration, not one individual was 
dismissed by liim from office on account of his politics." Now, either 
one or other of these statements is incorrect ; for it is undeniably true, 
that when the rcpubUcan party regained the ascendency in tlie state, 
near the close of Governor Jay's administration, they found that " most 
if not aU the offices" were fiUed by his political friends. Tlie writer 
may have intended that his language should be construed strictly, and 
to be understood as saying that Governor Jay, in his own proper per- 
son, did not actually remove any person fi-om office on account of his 
poUtics ; but if sucli be the construction he designed to have put upon 
his words, the fairness and impartiality of the writer are not very ob- 
vious, especially when we reflect that all appointments, of any import- 
ance, were made by the council of which the governor was a member, 
and upon his nomination. 



ABOLITION OF SLAVERY. 



123 



tion of criminals. Both these suggestions were ap- 
proved by the legislature, and the necessary laws 
passed. He also urged the importance of facilitating 
and multiplying the means of intercourse between dit- 
ferent parts of the state. Although he had long been 
in favor of the gradual abolition of slavery, he did not 
think proper to recommend the measure, lest it might 
become connected with party politics. An intimate 
friend of his, however, introduced a bill providing for 
the abolition, at an early day in the session. There 
were still too many and too powerful prejudices to 
overcome, and a favorable vote was not this year ob- 
tained ; but the subject was pressed, at each annual 
meeting of the legislature, by the friends of the gov- 
ernor, acting under his counsel and advice; and in 
the winter of 1799, their efforts were crowned with 
complete success, and the bill which had so often been 
postponed or defeated became the law of the land. In 
this manner was Governor Jay identified with the first 
effort made towards the abolition of slavery in the 
state of New York. 

The session of the legislature in the winter of 1797 
passed oft' without any occurrence of unusual interest. 
At the ensuing session the governor recommended the 
passage of laws providing for the more strict observ- 
ance of the Sabbath. One of the first acts of his ad- 
ministration had been the recommendation of a day 
of public thanksgiving, in accordance with the pre- 
vailing custom in the New England states. But 



1^ JOHN JAY. 

" eastern notions" were not at all popular among the 
descendants of the old Knickerbockers, and he never 
repeated the recommendation. The measure which 
he suggested in 1798 was much more acceptable, and 
a law was enacted, in conformity with his suggestions. 
At this session, also, a company was incorporated to 
make a navigable communication between Lakes Erie 
and Ontario, but it never went into operation. 

At the April election in 1798, Mr. Jay was again a 
candidate. He would willingly have retired from the 
chair of state, but his friends insisted that no other 
man belonging to the party could be chosen, and the 
prospect of a war with France rendered it highly im- 
portant that the national administration should be sus- 
tained by the powerful state of New York. The ex- 
citement in regard to the treaty with Great Britain in 
1794, had now nearly subsided, but the republicans 
were active and determined in preparing for the can- 
vass, and they presented as their candidate, Robert R. 
Livingston, the chancellor of the state, and the inti- 
mate friend and relative of Mr. Jay. The latter would 
have preferred almost any other opponent, but no al- 
ternative seemed to be left to him. The election went 
off without any disturbance or difficulty, notwithstand- 
ing the heated passions and prejudices of the rival 
parties. About thirty thousand votes were cast, over 
sixteen thousand of which were given to Mr. Jay. 

The first two years of the second term of Mr. Jay's 
administration passed away quietly. In the summer 



HIS CHARACTER AS A POLITICIAN. 



125 



of 1798, an extra session of the legislature was held, 
in pursuance of his proclamation, for the purpose of 
adopting measures for the defence of the state, in co- 
operation with the general government; a war with 
France being at that time threatened. At the Aprd 
election in 1800, a majority of republican members 
were returned to the New York assembly ; and it was 
now certain, that if the choice of electors were to be 
made by the legislature, Mr. Jefferson would be elected 
president. In order to prevent this result, Alexander 
Hamilton wrote a letter to Mr. Jay, urging him to con- 
vene the old legislature, whose terms of office did not 
expire until the 1st of July, for the purpose of chang- 
ing the law so as to permit the choice of electors by 
the people in districts. By this means, he said, "a 
majority of votes in the United States for a federal 
candidate" would be ensured. To the honor of Gover- 
nor Jay, be it said, he refused to have any part in such 
a proceeding ; and upon the letter of Mr. Hamilton, 
afterwards found among his papers, he made this en- 
dorsement : " Proposing a measure for party purposes, 
which I think it would not become me to adopt."* 

This act was strictly in keeping with the character 
of Mr. Jay as a politician. Throughout his whole life, 
he was a firm, decided, and consistent federalist ; but 
he never manifested the bitterness that characterized 
Ames and Sullivan, and belonged rather to that con- 
servative school headed by the Pinckncys, the Ad- 
*Iiife of Jay, vol. L p. 412 et seq. 



iSB JOHN JAY. ' i' 

arnses, and the Kings, than to that ultra class led on 
by Hamilton, Pickering, and Wolcott. He was op- 
{ posed to the election of foreigners to office.* He 
thought the right of suffrage ought to be restricted, in 
most cases, to freeholders ; for it was ever a favorite 
maxim with him, that " those who own the country, 
ought to govern it ;"| and he had a great horror of de- 
mocracy, believing that "pure democracy, like pure 
rum, easily produces intoxication. "J Previous to the 
adoption of the federal constitution, he expressed him- 
self in favor of a strong central government, which 
should possess the power of commissioning and remov- 
ing all the principal officers in the different states ;§ and 
though he lived to see the Union successful beyond the 
most sanguine expectations of its friends — to behold 
the daughter outstripping the mother country — "?}iatre 
pulclira filia pulchrior" — in all the elements of na- 
tional wealth and greatness — he had but little confi- 
dence in the stability of the government. |1 He was a 
friend to the people, but he preferred to be their pro- 
tector, rather than their equal. 

In entertaining these views, and in uttering them on 
all suitable occasions, he was frank and sincere ; but he 
was no political bigot, and he never failed to rejoice in 
the happiness and prosperity of his native land. 

In his first speech to the legislature, in January, 

* Life of John Jay, vol. i. p. 407. f H^iJ- P- '^O- 

X Ibid. vol. ii, pp. 309, 313, 351, 3G6, ct alibL § Ibid. vol. L p. 256. 

II Ibid, vol ii. p. 295. 



RETIRES TO PRIVATE LIFE. 127 

1796, Governor Jay recommended that something 
should be done to remove the ambiguity in the consti- 
tution, relative to the exclusive right of the governor 
to make nominations, which had occasioned the dispute 
between Governor Clinton and the council of appoint- 
ment. No action was had in tlie premises, however ; 
and at the session of the legislature, in the month of 
November, 1800, the republican majority in the assem- 
bly made choice of a council, composed of a majority 
of their political friends. De Witt Clinton and Ambrose 
Spencer, the leading republicans in tiie senate, were 
members of this council. They were not convened by 
the governor until the 11th of February, when his 
nominations were summarily rejected by the majority ; 
and at a subsequent meeting, they claimed the concur- 
rent right of nomination. Governor Jay was determin- 
ed not to yield the point ; he therefore refused to put 
any nominations, except those made by himself, and 
forthwith adjourned the council. He immediately 
sent a message to the legislature upon the subject, and 
the majority of the council also made a written com- 
munication to the assembly. The two houses could 
not agree upon the measures necessary to be adopted, 
though a law was passed at this session, recommending 
a convention ; and the governor did not again call the 
council together during the remainder of his official 
term. 

An effort was made by the party friends of Mr. Jay, 
to induce him to become a candidate a third time ; but 



128 



JOHN JAY. 



it proved unavailing. The period had now arrived, at 
which he had long previously determined to retire to 
private life ; and he could not be induced to forego the 
quiet and repose to which he had looked forward with so 
much satisfaction, for a participation in the imbittered 
strifes and controversies of political partisans. On the 
19th of December, 1800, he was appointed by the presi- 
dent and senate Chief Justice of the United States ;* 
but even the tempting prospect thus afforded, of a 
return to his old post, could not induce him to alter his 
determination; and in the month of May, 1801, he 
bade a final adieu to the cares and anxieties of office, 
and retired to his estate at Bedford, in the county of 
Westchester. Here he spent the remainder of his life, 
surrounded by a few friends, who knew and could ap- 
preciate his worth — by children who revered and loved 
him ; occupying himself in the care of his farm, in 
works of benevolence and charity, in the study of the 
Bible, and in advancing the interests of religion. 

He lost his wife within the first year after his remo- 
val to Westchester county ; but severe as was this 
blow, it fell upon a heart sustained and cheered by the 
Christian's hope — patient in every trial, and resigned 
in every affliction. He survived her many years ; 
and though never unmindful of her absence, he did not 



* It would seem that the nomination of Mr. Jay was not very ac- 
ceptable to the Haniiltonian federahsts. See the letters of Wolcott and 
McHenry — Gibbs' Administrations of Washington and Adams, vol. ii. 
pp. -IGO, 4G1, -108. 



HIS DEATH. 129 

mourn " as one without hope." He could look back on 
his past life with few emotions of regret ; and as for the 
present, how could he have been otherwise than con- 
tent and happy, when each returning anniversary of 
his birth reminded him how 

" Noiseless falls the foot of time, that treads on flowers." 

He died at Bedford, on the 17th of May, 1829, in the 
eighty-fourth year of his age — leaving a rich legacy to 
his children, in an unspotted name, and in the thousand 
noble virtues with which it is imperishably associated. 

The persona] appearance of Mr. Jay was indicative 
of his origin. At the age of forty-four, he is described 
by Mr. Sullivan, as being a little less than six feet in 
height — " his person rather thin, but well formed. His 
complexion was without color, his eyes black and pen- 
etrating, his nose aquiline, and his chin pointed. His 
hair came over his forehead, was tied behind, and 
lightly powdered. His dress black. The expression 
of his face was exceedingly amiable. When standing, 
he was a little inclined forward, as is not uncommon 
with students long accustomed to bend over a table."* 

His talents were of a high order. His mind was 
well stored with the learning of the ancient and modern 
world, and in the English classics he was well versed. 
His style as a writer was like his character, simple and 
pure, but elevated and impressive. As a speaker, he 
was easy and fluent, presenting a happy mixture of 

* Familiar Letters on Public Churacter?, Lett. .xv. 
6* 



JOHN JAY. 



earnestness and dignity. He did not " lead to bewil- 
der, and dazzle to blind." His eloquence was not like 
the mountain torrent, dashing and impetuous; nor yet 
like the swelling of the ocean, grand and magnificent ; 
but like the never-failing rivulet, gentle and tranquil 
in its course, yet surely and slowly making its way to 
its end. He was slow in judgment, but clear-headed 
and accurate. He never adopted an opinion hastily, 
but deliberated patiently ; and the decisions at which 
he arrived were almost as sacred, in his estimation, as 
the laws of the Medes and Persians to those who believ- 
ed in their infallibility. 

In regard to his public character, but little can be 
said in addition to what may be gathered from the fore- 
going pages. He was honest and true, faithful and 
prompt in the discharge of every duty, and of unim- 
peachable integrity. Cherishing his own convictions 
in all sincerity, he respected the motives of those who 
differed from him in opinion. Amid all the blandish- 
ments of public favor, he never forgot what he owed to 
himself, to his family, to his country, and to his Maker. 
Unseduced by the allurements of office, unterrified by 
threats and denunciations, he did not faher when the 
path was plain before him ; but in and through all, pre- 
served the jewel of his honor untarnished and unsoiled. 

So, too, in private life, every obligation was dis- 
charged cheerfully, and with promptitude. As was 
said of Petrarch, " his word was sufficient." He was 
a dutiful son ; a kind and faithful husband ; and an 



CHARACTER. 131 

affectionate parent. He was charitable and generous, 
and in all his dealings with his fellow-men, the scales of 
justice were held at an even poise. His piety was sin- 
cere and unaffected ; not made up of outward show 
and forms ; but the genuine religion of the heart. 
Truly, might it be said of such a man : — 

" Felix non solum claritate vit», 
Sed etiam opportunitate mortis !" -., ,„ 



MORGAN LEWIS. 

No one family occupies a more conspicuous place 
in the early annals of New York than that of the Liv- 
ingstons. At the commencement of the revolutionary 
struggle — amidst storm and darkness — they devoted 
themselves to the colonial cause ; and the record of 
their patriotic services forms no small part of the his- 
tory of the country. The honors which they gathered 
were neither few nor unimportant. In the legisla- 
tive hall, and in the cabinet — in the forum, and in the 
field — they were alike distinguished. The evidences 
that bear witness to their talents multiply upon exami- 
nation, and their integrity and fidelity during the 
contest for freedom cannot be gainsayed. They were 
interested in many a well-fought conflict, and on the 
bright roll of American statesmen and civilians they 
were worthily represented.* 

* A history of tlae Livingston fomily is a desideratum in the literature 
of New York. Tlie materials for such a work must be ample ; yet, 
with the exception of Sedgwick's Life and Letters of WiUiam Living- 
ston, and a few meagre biographical sketches of other members of the 
family, we have nothing that can supply the deficiency. 



m 




Tlur/I d'yiriii !■( /' lfi> )(rk 



LiiL'l'.ilaliilm inXn^Muiy 



HIS FATHER. 133 

It is usual with politicians, and perhaps is not im- 
proper, to refer to the Livingston family, as embracing, 
as well those who bore the name, as the prominent men, 
— such as Jay, Tillotson, Armstrong, Thompson, and 
Lewis, — who were connected with it by marriage. 
The last of these, Morgan Lewis, is the subject of this 
sketch. Of his parentage he had just right to be 
proud : his father was one of the little band of patriot 
statesmen, who affixed their names to the declaration 
of American Independence, and in the midst of trials 
and reverses, that severely tested his constancy and 
faith, remained firm and steadfast even unto the end. 

Francis Lewis, the father, was born in the town of 
Llandaff, South Wales, in March, 1713. At the age 
of four or five years, he was left an orphan, in charge 
of a maiden aunt, who taught him the rudiments of 
learning, and instructed him in the ancient Welsh lan- 
guage. Subsequently, he was sent to Scotland, where, 
while residing in the family of a relative, he acquired 
a pretty correct knowledge of the Erse. His educa- 
tion was afterwards completed at the school of West- 
minster, at which he enjoyed the reputation of being a 
good classical scholar. On leaving the school, he en- 
tered the counting-room of a London merchant, and by 
his assiduous attention to business, soon won the regard 
and esteem of his employers, and became well skilled 
in the duties appertaining to the mercantile profession. 
When he arrived at man's estate, he determined to 
seek his fortune in the western world. The decision 



134 MORGAN LEWIS. 

once made, he did not lack the energy and enterprise 
necessary to carry it into effect. Converting all his 
means into merchandise, he embarked for New York, 
and arrived there in the spring of 1735. He left a 
part of his goods at this place to be disposed of by his 
partner, Edwa. d Annesly, and with the remainder pro- 
ceeded to Philadelphia, where he established himself in 
business. 

In 1737, Mr. Lewis returned to New York, and in 
a few years was regarded as one of the most active and 
enterprising merchants in the city. His commercial 
transactions were very extensive, and were principally 
connected with the foreign trade. He frequently ac- 
companied his vessels in their voyages, and was twice 
shipwrecked on the Irish coast. In the last French 
and Indian war, he acted as the agent of the govern- 
ment in procuring supplies for the troops, and was pres- 
ent at the obstinate defence of Oswego, in the summer 
of 1756. On this occasion he manifested a great deal 
of firmness and ability ; and in consideration of his 
valuable services, he received at the close of the war, 
a grant of five thousand acres of land, portions of 
which eventually became quite valuable. 

He was included in the surrender to Montcalm, 
and with about thirty other prisoners, was delivered up 
by the French commander to the head chief of his In- 
dian allies, in open and shameful violation of the terms 
of the capitulation. Mr. Lewis had obtained a smat- 
tering of the Indian language, and being able to com- 



' HIS PUBLIC COURSE. 135 

municate with the chief, he so pleased him by his con- 
versation, that he escaped the sad fate which befell his 
companions in misfortune, many of whom were cru- 
elly murdered.* Indeed, he so won upon the chief, 
that the latter interceded with Montcalm, in oi-der to 
obtain permission for him to return to his family with- 
out ransom. The request was denied, and he was sent 
as a prisoner of war to France. He remained there, 
till he was regularly exchanged, when he returned to 
America. 

From his position as a merchant, and from his con- 
nection with the commercial and maritime interests of 
the colonies, Mr. Lewis was among the first to feel the 
effects of the arbitrary taxation and the restrictive 
measures adopted by the home government. What- 
ever he could do to warn his fellow-citizens against the 
impending danger, he did boldly and without hesitation. 
At an early stage of the struggle, he foresaw that the 
evils of which the colonists most justly complained, 
would be immedicable, without an entire separation 
from the mother country. His high character tor prob- 
ity and intelligence, and his fearlessness in the mainte- 
nance and utterance of his opinions, commanded the 

* It has been said, that Mr. Lewis was able to converse with the In- 
dian warrior, by reason of the similarity of his dialect to the ancient 
Welsh ; but this resemblance, as well as the tradition respecting the 
eettlement of the Welsh prince in the valley of the Mississippi, has long 
since been shown to be purely fictitious. We cannot regret, however, 
that the tradition was once regarded as authentic, since it has given us 
the beautiful ' Madoc" of Soutlicy. 



MORGAN LEWIS. 



respect and confidence of the people of New York ; 
and in 1775, he was unanimously elected a delegate to 
the continental congress. In the following year, he 
had the honor of affixing his name to the Declaration 
of Independence. He continued to represent New 
York in the national legislature, of which his business 
habits and talents rendered him a most valuable mem- 
ber, until the year 1779. During the war, he was con- 
cerned in the importation of military stores for the 
army, and rendered many secret services, at the 
request of congress, of the most important character. 

Shortly after he took up his residence in the city of 
New York, Mr. Lewis married the sister of his part- 
ner, by whom he had several children. Being appre- 
hensive of an attack upon New York, he removed his 
family and effects, early in 1775, to a country-seat 
which he owned, on Long Island. Here he deemed 
them secure ; but the sequel show^ed his mistake. In a 
few months, the whole island was overrun by the 
British troops, and his house was attacked and plunder- 
ed by a party of cavalry. His large library and all his 
most valuable papers were destroyed, and his wife was 
taken prisoner. She was detained as such for a num- 
ber of months, and kept in close confinement. At 
length, through the intercession and remonstrance of 
Washington, she was released ; but she had experienced 
such barbarous treatment during her captivity, that 
her constitution was completely shattered, and she sooq 
sunk into the grave. 



HIS BIRTH AND EDUCATION. 137 

Previous to the revolution, tlic affairs of Mr. Lewis 
had been exceedingly prosperous ; but he literally and 
truly perilled everything, by his firm adherence to the 
revolted colonies. His losses during the contest were 
so great, that he spent the close of his days in com- 
parative poverty. His death occurred on the 30th of 
December, 1803, in the ninetieth year of his age. 

Morgan Lewis, the son of Francis Lewis, was born 
in the city of New York, on the 16th day of October, 
1754. At an early age he was sent to the Elizabeth- 
town academy, and from thence transferred to the 
college of New Jersey, at Princeton. While a member 
of this institution, he was distinguished for his correct 
deportment, and for his studious disposition. He stood 
in the foremost rank of his class ; and at the annual 
commencement in 1773, delivered one of the honorary 
orations. At this time he took his degree, and in the 
same year entered the office of John Jay, as a student 
at law. 

In common with other young men of his acquaint- 
ance, in the city and colony of New York, he regarded 
with deep interest the ominous forebodings of the ap- 
proaching struggle. Inheriting the zealous and self- 
sacrificing patriotism of his father — in him but the 
more conspicuous, because it was manifested with all 
the ardor of youth — he never hesitated as to what 
course he should pursue. In 1774, he joined a volun- 
teer company, composed mainly of his associates, or 
those about the same age as himself, who had united to- 



138 .' MORGAN LEWIS. '■ • 

gether for the purpose of perfecting themselves in mih- 
tary discipline, under the instruction of one of the sol- 
diers of the " Great Frederic." The ability of the 
teacher, and the manner in which they profited by his 
tuition, may be inferred from the fact, that this one 
company furnished to the army of the revolution more 
than fifty of its best officers. 

When the tocsin of war was sounded at Lexington 
and Concord, young Lewis threw down his books, and 
caught up the musket. In the month of June, 1775, 
and but a few days subsequent to the battle of Bunker- 
hill, he joined the army before Boston, as a volunteer, 
in a rifle company, commanded by Captain Ross, of 
Lancaster, Pennsylvania. His absence from New 
York was but temporary, as he was soon elected to the 
command of the company of volunteers organized in 
that city, as has been mentioned. He returned home 
towards the close of the month of August, and on the 
25th of that month was ordered by the provincial con- 
gress to cover with his company a party of citizens, 
while engaged in removing the arms, ordnance, and 
military equipments, from the arsenal on the Battery. 
The Asia, a British man-of-war, which had been or- 
dered from Boston, to overawe the city, and prevent 
any outbreak or disturbance by the " sons of liberty," 
then lay at anchor in the bay, nearly abreast of the ar- 
senal, and within short cannon range of the shore. 
It was necessary, therefore, to proceed with great cau- 
tion, lest the design should be discovered ; for though 



REMOVAL OF STORES FROM THE ARSENAL. 



139 



the possession of the guns and materiel was of sufficient 
importance to risk a coUision, it was advisable to 
effect the object, if possible, without drawing the foe 
of the British vessel upon the city. 

Information, however, of the contemplated move- 
ment had been communicated to the commander of the 
Asia, by the spies of Governor Tryon ; and shortly after 
nightfall, the former dispatched an armed barge, to 
watch the proceedings on shore. The work of remo- 
val had but just commenced, when the boat was dis- 
covered gliding slowly in with muffled oars. The 
sentinel who discovered her immediately hailed, and 
receiving no answer, fired a shot over her, at the same 
time ordering those on board to come to the shore, or 
at once to pull out into the stream. The order was 
unheeded ; but a small blue light was exhibited under 
the bow of the boat. This was, doubtless, the concerted 
signal; and in an instant the battle-lanterns of the 
Asia were lighted, and her guns opened their fire in the 
direction of the arsenal. Captain Lewis promptly de- 
tailed a section of his command, who fired a volley 
into the boat, which killed one of the crew, and 
severely wounded another. The cannonade was kept 
up from the vessel, and the houses on the Battery 
were considerably injured, but no other serious damage 
was done. 

In the month of November, following, the provincial 
congress organized the militia of New York into regi- 
ments. Captain Lewis was commissioned as first 



MORGAN LEWIS. 



major in the second regiment of foot. John Jay was 
appointed colonel of the regiment ; but as he never 
joined it on account of the pressing nature of his other 
public duties, the command devolved on the first major. 
Accordingly, during the ensuing winter, Major Lewis 
spent most of his time in organizing, equipping, and 
disciplining his regiment. But he ardently desired to 
be employed in more active service, and in June, 
1776, accompanied General Gates to the northern fron- 
tier, as the chief of his staff, with the rank of colonel. 
On joining the army, which had now returned from 
Canada, he was appointed quartermaster-general of the 
northern department, in which capacity he was con- 
tinued until the close of the war. 

The duties devolving upon Colonel Lewis by virtue 
of this appointment, though useful and important, 
were not such as history delights to chronicle. It 
need only be said of them that, arduous and difficult as 
they were, fidelity and promptitude, at all times and 
under all circumstances, characterized his performance 
of them. He accompanied the army when Ticon- 
deroga was evacuated, and rendered most valuable ser- 
vices in securing the attirail, munitions and supplies, 
and transporting them to the islands in the Hudson, 
above the embouchure of the Mohawk, where Schuyler 
had determined to make a final stand against the in- 
vading forces led by Burgoyne. To him, also, was 
that same army, reinforced by the militia of New 
England and New York, deeply indebted, for the com- 



CAMPAIGN UNDER GATES. 141 

pleteness of their preparations, in anticipation of the 
memorable campaign under the ambitious but patriotic 
Gates. When the latter moved forward to the po- 
sition which he ultimately occupied, on Bemis' Heights, 
he found everything in readiness for the march and 
the encampment, that the department over which 
Colonel Lewis presided was required to furnish, and 
repeatedly expressed his satisfaction with the arrange- 
ments that had been made. 

After the battle of Stillwater, on the 19th of Sep- 
tember, a general order was issued providing that, in 
the event of another conflict, the quartermaster-general 
should perform the duties of an aid-de-camp for the 
occasion, and directing that all orders given on the 
field by that officer, should be considered as coming 
from head-quarters, and obeyed accordingly. The 
final engagement on the 7th of October, as it will be 
remembered, was fought mainly in the woods, and 
Gates himself saw little or nothing of the movements 
that were made, though he was kept constantly in- 
formed of the changing aspects of the battle, by the 
videttes and messengers whom he had dispatched to 
the scene of action when the drums first beat the alarum. 
A party of these, consisting of six or eight of the most 
intelligent and best mounted of Vernejour's troops, 
were under the command of Colonel Lewis, who 
placed himself in close proximity to the hostile lines, in 
a favorable place for observation, and communicated al- 
most instant information of every movement to his chief. 



llf 



MORGAN LEWIS. 



This action was the fitting prelude to the capitula- 
tion on the 17th instant. While Burgoyne and his 
officers were forgetting the misfortunes which had pre- 
ceded the surrender, in the kindness of their reception 
by the courtly Gates, and his gallant brethren in arms, 
Colonel Lewis conducted the downcast and dispirited 
soldiers whom the former had commanded, to the plain 
on the margin of the Hudson, where they piled their 
weapons, and then through the long lines of American 
yeomanry to the rear of the encampment. The bright 
star which thus shed its beams over the plains of Sara- 
toga, rose upon a land darkened with misfortune and 
gloom ; but it proved the blessed harbinger of weal, and 
when it set, the hour of deliverance had come. 

No further attempt at the invasion of Canada was 
made by the continental army, and the head-quarters 
of the northern department were now transferred to 
the city of Albany. Here Colonel Lewis was for the 
most part employed in discharging the duties con- 
nected with his staff appointment. In the fall of 1780, 
he took part in the expedition under General Robert 
Van Rensselaer, against the partisan corps under Sir 
John Johnson, and the fierce warriors of the savage 
Brant, who were laying waste the beautiful and fertile 
valley of the Mohawk. On this occasion, he was hon- 
ored with the command of the advance ; and in the en- 
sao-ement at Stone Arabia, he did good service at the 
head of his men, exposing himself fearlessly in the 
we/ee, and contributing essentially to the defeat and 



MEMBER OF THE ASSEMBLY. 143 

rout of the enemy. Subsequently, he accompanied 
Governor Clhiton to Crown Point, with a strong party 
of troops, in order to cut off the retreat of the same 
party of marauders who had debarked at that place and 
crossed over the country on another errand of destruc- 
tion. The attempt was unsuccessful, and the mongrel 
band escaped the fate which they had so richly deserved. 

At the close of the war, Mr. Lewis resumed his pro- 
fessional studies, and was duly admitted to the bar. 
He commenced practice in the city of New York, and 
soon secured a very respectable share of business. He 
was naturally fond of the " pomp and circumstance" of 
war, and was appointed colonel commandant of a legion- 
ary corps of volunteer militia, at the head of which he 
escorted General Washington on the occasion of his 
first inauguration as President of the United States. 
Previous to this event, but in the same month, he had 
been elected a member of assembly from the city and 
county of New York on the federal ticket. Before 
the time for the next annual election came round he 
removed to Dutchess county, but his friends insisted 
on presenting his name to the electors of that county, 
and he was again returned to the legislature. Soon 
after this, he was appointed one of tlie judges of the 
Dutchess Common Pleas. 

The political associations of Mr. Lewis w^hen he 
first entered public life were decidedly federal, but in 
common with a majority of the other members of the 
Livingston family, he abandoned the party almost as 



144 MORGAN LEWIS. 

soon as it was formed, and in 1790 entered the repub- 
lican ranks. On the 8th of November, 1791, he was 
appointed attorney-general of the state, to fill the va- 
cancy occasioned by the resignation of Aaron Burr, 
who had recently been elected a senator in Congress. 

Mr. Lewis continued rapidly to ascend the official 
grades, which finally conducted him to the highest 
office in the state. In the summer of 1792, the coun- 
cil of appointment determined to create a fourth judge 
of the supreme court, and by the casting vote of Gov- 
ernor Clinton the office was conferred on Mr. Lewis ; 
and in 1801, the latter was made chief justice. Upon 
the bench, he presided with dignity and impartiality. 
His decisions were marked by candor and good sense ; 
and by his firmness, tempered by a kind and agreeable 
manner, he commanded respect, and enforced obe- 
dience, without incurring the ill-will of suitors or 
attorneys. 

After the nomination of George Clinton, as the 
republican candidate for vice-president, in the winter 
of 1804, it became necessary to select some other per- 
son to fill the gubernatorial office in New York. 
Aaron Burr possessed many warm and attached 
friends in the republican party who still adhered to the 
waning fortunes of their patron and friend, like the 
dying knight to his pedigree, and labored unceasingly 
to secure his nomination. But the circumstances at- 
tending the presidential contest in the house of 
representatives, in 1801, had alienated the affections 



ELECTED GOVERNOK. 145 

of the great majority of his former poHtical friends ; 
and the CUntons and Livingstons threw the whole 
weight of their influence against him. Nevertheless, 
his more devoted adherents insisted on bringing him 
forward ; and though they found it impossible to pro- 
cure the endorsement of a legislative caucus, his name 
was duly presented at a meeting held for that purpose. 
The federalists made no nomination ; but, with the ex- 
ception of the immediate personal friends of Alexander 
Hamilton, resolved to support Mr. Burr. 

John Lansing, jun., then chancellor of the state, was 
nominated, in the first instance, by the republican legis- 
lative caucus, for the office of governor ; but he declin- 
ed becoming a candidate. A second meeting was then 
held, at which Chief Justice Lewis was put in nomi- 
nation. John Broome was nominated for lieutenant- 
governor. So great was the preponderance of the 
republicans in the legislature, at this time, that the 
address, recommending these candidates to the favor 
of the electors, was signed by one hundred and four of 
the one hundred and thirty-two members. 

The result of the election was a matter of some 
doubt. Mr. Burr possessed considerable personal 
popularity among the republicans of the state ; and 
had the whole strength of the federal party been ex- 
erted in his behalf, it is very probable that he would 
have been elected. But Mr. Lewis received much the 
greater portion of the republican suffrages. There 
were, in all, about fifty-three thousand votes taken, of 

7 



la 



146 MORGAN LEWIS. 

which nearly thirty-one thousand were given to Mr. 
Lewis, who was consequently elected by almost nine 
thousand majority, and immediately resigned his seat 
on the bench of the supreme court. 

Among the first official acts of Governor Lewis, was 
that of recommending to the legislature, in his speech 
at the opening of the session in January, 1805, the sub- 
ject of making some permanent provision for the en- 
couragement of education, and the support of common 
schools ; and if he had no other claim upon the favor- 
able regard of his fellow-citizens, this alone should en- 
title him to their lasting gratitude. " I cannot con- 
clude, gentlemen," said he, " without calling your 
attention to a subject which my worthy and highly- 
respected predecessor in office* had much at heart, and 
frequently, I believe, presented to your view — the en- 
couragement of literature. In a government resting 
on public opinion, and deriving its chief support from 
the affections of a people, religion and morality can- 
not be too sedulously cultivated. To them, science is 
an handmaid ; ignorance, the worst of enemies. Lit- 
erary information should then be placed within the 
reach of every description of citizens, and poverty 
should not be permitted to obstruct the path to the fane 
of knowledge. Common schools, under the guidance 
of respectable teachers, should be established in every 
village, and the indigent educated at the public ex- 
pense. The higher seminaries, also, should receive 

* Georffe Clinton. 



FOUNDATION OF COMMON SCHOOL FUND. 147 

every support within the means of enHghtened legisla- 
tion. Learning would thus flourish, and vice be more 
effectually restrained than by volumes of penal 
statutes." 

These were words of wisdom, and they were wisely 
heeded. On the 5th day of February succeeding, the 
governor sent a special message to the legislature, in 
which he advised that the proceeds of the public lands 
of the state, amounting to one and a half millions of 
acres, should be exclusively appropriated to educational 
purposes. A bill was forthwith introduced, which be- 
came a law on the 2d of April, setting apart the net 
avails of the first five hundred thousand acres of land 
that should be sold, and three thousand shares of bank 
stock, as a fund for the use of common schools, to ac- 
cumulate till the interest amounted to fifty thousand 
dollars per annum ; after which, the latter was to be 
annually distributed, for the promotion of the great ob- 
ject in view, in such a manner as the legislature 
might direct. 

In this manner, upon the recommendation of Mor- 
gan Lewis, was the foundation of the present common 
school fund first laid. One improvement after another 
has been made, until now we have a splendid system 
of education, to which the citizen of New York may 
justly point with exultant pride. Its influence is felt in 
every nook and corner of the state ; in the crowded 
thoroughfares of our large towns and cities, and in the 
quiet hamlet embosomed amid the leafy drapery of our 



148 MORGAN LEWIS. 

virgin forests ; in the marble palace of the millionaire, 
and in the humble cottage of the laborer. " The dis- 
trict school is no longer the repulsive, dreary, and tedi- 
ous place of mental and bodily torture, which has furn- 
ished the fertile theme of wit and sarcasm to so many of 
the highest class of minds. Music and innocent hilarity ; 
play-grounds, adorned with the choicest flowers, and 
cultivated with the most assiduous care ; walls, orna- 
mented with the most tasteful and attractive drawings ; 
and seats and desks, arranged with the utmost regard for 
the comfort and convenience of the occupant ; kind, 
attentive, and faithful teachers, and cheerful, obedient, 
and happy pupils — now meet th(; eye on every hand ; 
and the work of education is everywhere progressing, 
with a power and success hitherto unknown."* 

The wish of Governor Lewis has been fulfilled. 
Poverty no more obstructs " the path to the fane of 
knowledge," and the indigent are educated " at the public 
expense." The starting-point in the career of learning 
has been made free to all ; and the son of the rich 
man enjoys no greater privileges, in this respect, than 
the young stripling, with no fortune but an honest 
heart and a determined spirit, who presses forward be- 
side him in the race. 

In the autumn of 1805, the governor visited most of 
the counties in the state, in his character as com- 
mander-in-chief, and personally inspected the miUtia. 
As has been remarked, he was naturally fond — perhaps 
* District School Journal, Mav, 1846. 



IMPROVEMENT OF THE MILITIA. 149 

too much so — of military show and display. The im- 
provement of the militia system was one of the principal 
themes of his speech, at the commencement of the 
legislative session in the winter of 1806 ; and this, to- 
gether with the reviews, furnished abundance of mate- 
rial for the small wits of the day, in their attacks upon 
him. In the course of his speech, he referred to the 
almost universal want of experienced drummers, and 
remarked, that the " drum was all-important in the day 
of battle." His political enemies at once pounced 
upon this expression, and rung the changes upon it 
from one end of the state to the other. It has since 
been the text of one of those peculiar paragraphs of 
Mr. Hammond, the propriety or good sense of which 
it is alike difficult to discover.* No doubt, the idea in- 
tended to be conveyed by the governor, might have 
been expressed in a manner less obnoxious to puerile 
criticism ; but whatever may be said in regard to the 
mere choice of words, the sentiment itself was plain 
matter-of-fact ; for every one whose opinions are enti- 
tled to the least consideration, knows very well that 
martial music is of especial importance to an army, 
whether in battle or out of it. 

Another recommendation of the governor was like- 
wise made the subject of ridicule, by those who were 
unable to appreciate its value and utility. This was 
the introduction of light artillery — a measure which, 
howsoever it may have been derided, survived the storm 
* Political History, voL i. p. 232. 



150 MORGAN LEWIS. 

of obloquy to which it was exposed ; and when the ex- 
perience of the second war with Great Britain had 
demonstrated its usefulness, was elevated to a high 
place in the estimation of the public. The governor 
further called the attention of the legislature to the pro- 
vision of the existing constitution, which required the 
establishment of magazines in each county in the state, 
His counsels were followed to a great extent, and 
the happy effect of observing them was witnessed in 
the readiness with which the militia were prepared to 
take the field, during the war of 1812. 

It appeared from the speech of the governor, that the 
debt due from New York to the general government 
amounted to nearly eight hundred thousand dollars ; 
and inasmuch as the former had a right to expend up- 
wards of five hundred thousand dollars in constructing 
works of fortification for the defence and seciu'ity of 
her harbors and other exposed points, he earnestly 
urged the legislature to take the matter into con- 
sideration. 

Whoever has taken the pains to examine with any 
care the early political history of New York, must have 
remarked the commanding influence exerted, for a long 
period, by the Clintons and the Livingstons. While 
Aaron Burr was at the height of popularity, he man- 
aged dexterously to change from one side to the 
other, as the prospect of " future favors" chanced to 
appear the most inviting. The federalists were defeat- 
ed in 1800, by a union of the three interests; and the 



OPPOSITION FROM THE CLINTONIANS. 151 

Clintons and the Livingstons combined to overthrow 
Burr at the gubernatorial election in 1804. In the fol-_ 
lowing summer, occurred the fatal duel between the 
latter and General Hamilton ; and public opinion at 
once pronounced against the survivor its unsparing de- 
cree of ostracism. Thenceforth, the contest was be- 
tween the Clintons and the Livingstons ; for the fede- 
ralists, meanwhile, were in a sort of dormant state — 
not literally sucking their paws, but supporting them- 
selves on equally unsubstantial food, the hope of better 
days to come. 

Governor Lewis had scarcely seated himself in the 
chair of state, when his proceedings began to be severe- 
ly criticized and censured by De Witt Chnton and his 
friends. The first cause of dispute, probably, was the 
bestowal of the offices. Political, like every-day char- 
ity, always begins at home ; and it was no more than 
natural for the governor to manifest some preference 
for those to whom he felt the most indebted. The 
manner in which he dispensed the executive patronage 
was not at all satisfactory to the Clinton faction ; and 
when he refused to join in the crusade against the 
Merchants' Bank, the breach became irreparable. The 
council chosen by the legislature of 180G was composed 
of a majority of Clintonians — one of the number being 
De Witt Clinton— and they had no sooner been appoint- 
ed, than they commenced removing the Lewisites from 
office. 

The governor was not naturally calculated for a pol- 



152 MORGAN LEWIS. 

itician, else he might have stemmed the torrent, which 
was fast bearing him down, with entire success. He 
lacked boldness and decision, and possessed but an 
ordinary degree of shrewdness. The federalists, or, at 
least, the greater portion of them, came to his rescue ; 
and in the legislature of 1807, the Lewisite republicans, 
with the assistance of the former, were in a respectable 
majority. A new council, friendly to the governor, 
was now chosen, and matters soon began to assume a 
more promising appearance. But the signs of the 
times were deceptive. At a meeting of his republican 
friends, held in the city of New York, on the 1st day 
of January, 1807, Mr. Lewis had been nominated for 
re-election ; a majority of the members of the legisla- 
ture, however, belonging to that party, were opposed to 
this step, and sixty-five of them united in recommend- 
ing the support of Daniel D. Tompkins. Forty-five of 
the republican members affixed their names to the ad- 
dress, urging the electors to vote for Governor Lewis. 

At the April election, the great mass of the federal- 
ists gave their suffi'ages to Mr. Lewis, and he also 
received a number of the republican votes ; but his 
competitor was generally looked upon as the regular 
candidate, and at the close of the canvass, it appeared 
that he had received a little over four thousand major- 
ity above the former incumbent, in a poll of sixty-six 
thousand votes. 

Notwithstanding his temporary association with the 
federalists. Governor Lewis was still a republican in 



SECOND WAR WITH GKEAT BRITAIN. 153 

principle, and cordially supported the administrations 
of Jefferson and Madison. After his defeat, he was 
disinclined again to enter public life ; but at the annual 
election in 1810, he was induced to yield to the solici- 
tations of his friends, and became a candidate, on the 
republican ticket, for the office of senator from the 
middle district of the state. His party succeeded in 
electing him, by an unusually large majority ; and as 
a member of the legislature, he sustained, by his vote 
and influence, the republican administration of Gover- 
nor Tompkins. He was chosen a member of the 
council of appointment, and took an active part in pro- 
curing the passage of the bill incorporating the Bank of 
America. 

The war of 1812 found Mr. Lewis somewhat ad- 
vanced in years. The noon-time of life had passed 
away. Age had impaired the vigor of his body, but it 
had neither weakened the strength of his mind, nor de- 
stroyed, in aught, the fire of patriotism that continued 
to burn in his heart. His services were promptly of- 
fered to the general government, in anticipation of 
a collision, and in the month of May, 1812, he was ap- 
pointed quartermaster-general of the army of the 
United States, with the rank of brigadier-general. He 
was constantly employed in the business of his office, 
till the close of the campaign, and in March, 1813, was 
promoted to the rank of major-general. His connec- 
tion with the quartermaster's department now ceased, 
and he accompanied General Dearborn to the Niagai'a 



154 MORGAN LEWTS. 

frontier. At t!ie capture of Fort George, General 
Lewis followed closely the movement of the advance 
corps under Colonel Scott, with the whole of his di- 
vision, and aided in dispersing and scattering the 
enemy's troops. He then ordered the pursuit to com- 
mence, but almost immediately countermanded his 
orders, under the direction of the commander-in-chief. 
Thus was Scott recalled when the enemy were " within 
his grasp near Queenstown ;"* and thus were many of 
the substantial advantages that might have resulted 
from the attack lost to the army, through no fault of 
General Lewis. 

In the fall of this year occurred the memorable and 
unfortunate expedition of General Wilkinson down the 
St. Lawrence. General Lewis took part in the move- 
ment, as the second in command. When the army 
left Sackett's Harbor he was in feeble health, and con- 
tinued so during the remainder of the campaign. On 
the day previous to the engagement at Chrystler's 
fields, General Wilkinson gave up the command to 
Lewis, on account of indisposition. The latter imme- 
diately rose from his sick bed, and in person reconnoi- 
tred the enemy who were pressing upon their rear. 

At midnight he dispatched an order to General 
Boyd, who commanded on shore, requiring him forth- 
with to strike his camp and form a junction with the 
advanced column under General Brown ; and at the 

* Letter of Colonel William J. Worth, quoted in the National Portrait 
Gallery. 



HIS LIBERALITY. 155 

same time he instructed the officers in charge of the 
boats to close up. Had this movement been carried into 
effect the enemy would have been drawn further from 
their resources ; their flotilla would have been entan- 
gled in the rapids, and a retreat rendered impossible ; 
thus circumstanced, it would have been easy to fall 
upon them with the united strength of the army, and 
to crush them at a blow. But the order of General 
Lewis had scarcely been delivered to General Boyd, 
when the latter received instructions from the com- 
mander-in-chief, directing him " to face about and beat 
the enemy." The disastrous action of the 11th of No- 
vember was the result ; and the American troops soon 
after retired into winter-quarters, — both officers and 
men chagrined beyond measure at the ill-success of 
the expedition. 

In 1814, General Lewis was intrusted with the 
command of the forces destined for the defence of New 
York ; but as the apprehended attack was not made, 
he had no opportunity to measure strength with the 
enemy, or to test the completeness of his preparations 
for their reception. 

But it was not only by his own personal services in 
the field, that the patriotism of General Lewis was 
manifested. In the summer of 1812, he advanced up- 
wards of fourteen thousand dollars, from his own private 
means for the relief of the American prisoners in 
Canada. 

When the contractors for the army were unable to 



156 MORGAN LEWIS. 

fulfil their engagements for the want of funds, he loaned 
them money to enable them to keep the troops properly 
supplied. In a spirit of generosity becoming a mag- 
nanimous soldier, he likewise discounted the drafts of 
British officers who had been captured by the Ameri- 
cans. At the commencement of the war, the late 
General Leavenworth raised a company in the county 
of Delaware, with which he joined the army. Many 
of its members resided on the patrimonial estate of 
General Lewis ; and as agricultural labor and products 
had been greatly reduced in that county, by reason of 
the war, he directed his agent to remit one year's rent 
for every campaign served by a tenant, or by the son of 
a tenant living and working with him. Subsequently, 
for the same reason he remitted to all tenants residing 
on their farms all arrearages of rent, accruing up to 
the 1st day of February, 1816. The aggregate of 
these remissions was upwards of seven thousand dol- 
lars. Acts like these speak volumes in favor of the 
kindness of heart, and the patriotic devotion to the in- 
terests of his country, which were such prominent 
traits in the character of Morgan Lewis. 

At the close of the war he retired from public life, 
though he was afterwards frequently elevated by the 
partiality of his fellow-citizens to places of honor and 
usefulness. At the celebration of the centennial 
anniversary of the birthday of Washington, on the 
22d of February, 1832, he delivered the oration, at the 
request of the common council of the city of New 



HIS DEATH. 157 

York. In 1835, he was elected president of the New 
York Historical Society ; and at the time of his death 
he was the presiding officer of the state society of 
Cincinnati, and the Grand Master of the Masonic 
Grand Lodge of New York. He rarely participated 
in political controversies, though always recognized as a 
member of the republican or democratic party. In 
the animated contest of 1840 he took a deep interest, 
and so far deviated from his usual custom, as to pre- 
side at a mass meeting held by his friends at Kingston. 

Most of his time was spent in the city of New York, 
where he became a resident, or at his country-seat in 
Dutchess county. He was quite often among the 
company at Saratoga during the summer, and delighted 
to visit the scene of Burgoyne's disasters, and " fight his 
battles o'er again." There are many who still remem- 
ber the earnestness with which he used to recount the 
storied incidents of that hallowed field ; and who never 
failed to forget the privileged garrulity of age, when 
they saw the fire of past days kindling in his eye, and 
marked the scintillations of j)atriotic thought fallino- 
from his lips like the flashes of an expiring taper. 

He lived to an age far beyond the ordinary allot- 
ment of humanity, and died in tlie city of New York on 
the 7th day of April, 1844. He was married in the 
spring of 1779, to Gertrude Livingston, the sister of 
Robert R. and Edward Livingston. This union was 
a long and happy one, and was terminated by the 
death of Mrs. Lewis in the seventy-sixth year of her 



158 MORGAN LEWIS. 

age. They had a large family, and many of the de- 
scendants are among the most useful and enterprising 
citizens in the city and state of New York. 

Mr. Lewis was not a great man : that is, he did not 
possess striking characteristics or showy talents; but 
his many sterling qualities of heart and mind entitle 
him to be held in grateful remembrance. To the 
amenities of the gentleman he united the attainments 
of a scholar. He was a friend to the unfortunate ; a 
public benefactor ; kind and amiable in the relations 
of private life; and a patriot, sans pen?', et sans re- 
proche. 




l-'aiiih U irr/irrrf. Vn\ Ink . 



lilJi ' F.Wdi(Jiii Hi Sas.'.aiiS^ 



DANIEL D. TOMPKINS. 

When Fortune seemed the most adverse to the suc- 
cess of the American colonies, in their struggle with 
Great Britain — when their armies had sustained a dis- 
astrous, though perhaps not altogether unexpected de- 
feat, on Long Island — when New York was evacuated 
by the soldiers of Washington, and her hotels convert- 
ed into barracks, and her churches into riding-schools 
and drill-rooms, for the mercenaries of De Heister — 
when the neighboring counties were overrun by the 
enemy, who quartered themselves in the houses of 
those who disdained to take protection of the invader, 
and despoiled them of the products of their farms and 
the labor of their hands — when hundreds and thousands 
of good men and true, who were too faint-hearted to 
hope, and yet too patriotic to utterly despair, faltered 
in the cause — there were but three firm and unyielding 
whigs in the little settlement of Fox Meadows, in the 
county of Westchester. One of these individuals was 
Jonathan G. Tompkins, the father of the subject of this 
memoir. 

The family of the elder Tompkins was of English 



160 DANTEL D. TOMPKINS. 

origin. Daniel D. was his seventh son,* and was born 
at the residence of his father, in the present town of 
Scarsdale, on the 21st day of June, 1774. He was a 
farmer's son ; inured to toil from early boyhood ; accus- 
tomed to use the hoe, and to follow the plough. With 
a heart as light and happy as that of the lark, to whose 
matin song he listened, and with the lay of the merry 
ploughboy upon his lips, he went forth to his wonted 
labor ; and at eventide, when his allotted task was 
done, he found a sweet relief from fatigue in reading 
and study. The information thus acquired was lim- 
ited, but it awakened a desire to become acquainted 
with the great stores of human knowledge. He did 
not want ambition, and his friends were naturally 
anxious that it should be rightly directed. " The boy 
gave promise of the man." It was his dearest wish to 
obtain a liberal education, and paternal thrift and in- 
dustry sup})lied the means for its acquisition. 

After going through the usual course of preparatory 
study, he entered Columbia College, in the city of 
New York. Here he was respected and esteemed, not 
more for the winning manners that rendered him so 
pleasant a companion, than for his constant and unre- 

* It used to be said by the political opponents of Governor Tomp- 
kins, when he was running as a candidate, that every old woman in the 
state who buli(n'ed in the common superstition with regard to a seventh 
son, exerted her influence in his favor ; for, according to their logic, as it 
must be admitted that he could cure all manner of bodily ailments, it 
was quite certain that he would find effectual remedies for the diseases 
of the state. 



EDUCATION AND ADMISSION TO THE BAR. 



161 



mitting attention to his studies. Ilis progress was 
rapid, but sure. Not content with the ordinary routine 
of a collegiate course, he stored his mind with the rich 
wealth of ancient and modern lore, and was distin- 
guished among his companions for his extensive reading 
and general intelligence, while his acquirements as a 
scholar were held in high respect. 

He graduated with honor in the year 1795, and im- 
mediately commenced the study of the law. In 1797, 
he was admitted to the bar, and at once opened an 
office in the city of New York. Shortly after he en- 
tered upon the practice of his profession, he married the 
daughter of Mangle Minthorne, one of the wealthiest 
and most respectable citizens of New York. This 
alliance not only extended his business connections, but 
increased his influence. He soon became known as a 
lawyer, and his legal knowledge and talents enabled 
him to take and maintain a high stand. Thus flatter- 
ing were his prospects at the outset of his career, and 
they continued to grow brighter and brighter as he ad- 
vanced in years. 

When he first became a voter, the line between the 
federal and republican parties was closely drawn. 
From the first, he identified himself with the latter; and 
through good report and evil report, through weal and 
through woe, his fortunes were interwoven with those 
of his party. In the great contest of 1800 he took an 
active and decided part, and rejoiced most sincerely 
over the triumphant election of Mr. Jeflerson. 



11 



162 DANIEL D. TOMPKINS. 

In the month of August, 1801, an election was held 
throughout the state of New York, for the purpose of 
choosing delegates to the state convention, called, in 
pursuance of an act passed the previous winter, for 
two objects — to reduce and limit the number of mem- 
bers of the legislature, and to declare the true construc- 
tion of the 23d article of the constitution, relating to 
the power of appointment. Mr. Tompkins was nom- 
inated and elected by the republicans of the city of 
New York, as a delegate. The convention assembled 
on the 13th of October, at Albany. It will be recol- 
lected, that during the administration of George Clin- 
ton, the federal council of appointment claimed the con- 
current right of making nominations ; and that the 
same claim was put forth by the republican council, 
during the administration of John Jay; both these emi- 
nent men resisting to the utmost this violent interpre- 
tation of the constitution. Consequently, most of the 
leading members of the convention were committed in 
favor of the concurrent right; and they only registered 
the opinion which they had long before advanced, un- 
der the influence of high party excitement, when they 
adopted a resolution, pronouncing their judgment to be, 
that the right to nominate all officers, other than those 
directed, in express terms, to be appointed in a differ- 
ent manner, was vested in the governor, " and in each 
of the members of the covmcil of appointment." 

But little debate took place on the merits of the 
question, prior to the passage of the resolution. 



ELECTED MEMBER OF CONGRESS. 163 

There was no need of this, because the majority 
were ready to pronounce their foregone conclusion. 
Only fourteen members advocated the exclusive 
right of the governor to make nominations, and voted 
against the resolution. In the minority was Mr. 
Tompkins, who was too young to have participated, 
to any great extent, in the previous controversies, and 
too honest to sanction a construction so abhorrent to 
the letter and spirit of the constitution ; and conse- 
quently, in the convention of 1821, he congratulated 
himself that, at so youthful an age, and when he was so 
liable to ei'r, he had resisted this unwarrantable en- 
croachment upon the rights of the executive.* 

The session of the convention was of brief duration, 
and, of course, did not interfere with the professional 
business of Mr. Tompkins. He had been repeatedly 
solicited to become a candidate for the state legisla- 
ture, and had invariably declined the kind offices of 
his friends in this behalf But at the April election in 
1804, he consented to accept a nomination for con- 
gress, as one of the city representatives. He was 
elected by a large majority, but never took his seat in 
the house, in consequence of his receiving an appoint- 
ment equally useful and honorable, and more conge- 
nial to his tastes and disposition. 

At this same election, Morgan Lewis, the chief jus- 
tice of the supreme court of the state, was chosen 
governor. Immediately after his inauguration, in the 
* Carter and Stone's Debates in the New York Convention, p. 116. 



164 DANIEL D. TOMPKINS. 

month of July following, he called the council of ap- 
pointment together, who promoted Judge Kent to the 
office of chief justice, and filled the vacancy by the ap- 
pointment of Daniel D. Tompkins as an associate 
justice. Thus, at the early age of thirty years, was he 
elevated to a seat on a bench honored by the wisdom 
and purity of Jay, the learning of Kent, the genius of 
Livingston, the clear-headedness and sound judgment 
of Thompson, and the astute reasoning of Spencer. 
Compared with these giants of the law, he appeared to 
no disadvantage. Of talent and learning he had suffi- 
cient to grace any position ; and his reported opinions, 
while they do not suffer when i)laced beside those of 
his associates, are alike creditable to himself, and to 
those by whom he was appointed. 

But the fitness of his selection was made more strik- 
ingly manifest when he came to preside at the circuits. 
At Nisi Pj-ius, he stood pre-eminent. Justice, as per- 
sonified by him, was no cold, blind, and passionless 
statue, but a living, animated reality, sympathizing with 
those who were to feel the effect of its mandates, and 
happily blending the principles of law and reason with 
the dictates of mercy and humanity. Well read in his 
profession, he was quick in perceiving the real merits 
of a cause, and in comprehending the bearing of testi- 
mony. He was, therefore, prompt, and rarely incor- 
rect, in his decisions. If they were favorable to the 
suitor, they were gratefully remembered ; if adverse, 
his kindness disarmed censure, and ensured respect. 



NOMINATED FOR GOVERNOR. 165 

In the short period of three years, during which he oc- 
cupied a seat on the bench, he acquired a popularity 
that has never been excelled, if it has even been equal- 
led, by any other judicial officer in our state. The 
charm of his manners was irresistible. He was at the 
same time dignified and affable, firm and faithful in the 
discharge of duty, and yet kind and condescending to 
all who approached him. He was attentive to the 
business of the court, but never allowed the austerity 
of the judge to overshadow and conceal all the finer 
feelings of the man. Furthermore, his appearance 
was prepossessing, and there was a fascination in his 
manners and conversation to which no one could be 
indifferent. 

Once having entered public life, Mr. Tompkins ad- 
vanced with rapid strides along the high-road to fame 
He had scarcely made himself familiar with the routine 
of his judicial duties, when he was selected by the re- 
publican legislative caucus, held on the evening of the 
16th of February, 1807, as their candidate for the office 
of governor. This nomination was doubtless made 
through the influence of De Witt Clinton and Ambrose 
Spencer, who were then the acknowledged leaders of 
the republican party in the state. The Livingston in- 
terest, who constituted but a minority of that party, 
though recognized at Washington as being among the 
most faithful supporters of the general administration, 
were represented in New York mainly by Governor 



166 ■ DANIEL D. TOMPKINS. 

Lewis, who, as has been intimated, was more estima- 
ble as a man, than skilful as a politician. 

It has often been said, that the object of Messrs. 
Clinton and Spencer, in bringing forward so young a 
man as Mr. Tompkins, for the important office of 
chief magistrate of the state, was, through his popu- 
larity, to elevate themselves to power ; it being pre- 
sumed that he would carry out their wishes in the ad- 
ministration of the government. But this supposition 
is equally unjust to him and to them. He was much 
too able a man, and if not that, too ambitious, to be 
controlled by any self-constituted council of advisers ; 
and certainly they could not be ignorant of this. Un- 
doubtedly, as was to have been expected from their 
position, they hoped to have considerable influence 
with him, but nothing more ; and this was so, in fact, 
until, as Mr. Tompkins believed, the support of the 
republican principles which he had ever maintained 
required him to separate from them. % 

Governor Lewis was a candidate for re-election, and 
was supported by his immediate friends, and by the 
gi-eat body of the federal party. The popular manners 
of Judge Tompkins also secured him many federal 
votes ; and when the result of the canvass was ascer- 
tained, it appeared that he had been elected over his 
competitor, by the respectable majority of four thou- 
sand and eighty-five. 

On the 1st day of July, 1807, Mr. Tompkins took 
the oath of office, as governor of the state. His first 



SUPPORT or Jefferson's administration. 1G7 

speech to the legislature was delivered at the com- 
mencement of the annual session, held in Albany, in 
the winter of 1808.* It was written with marked 
ability, and reviewed and defended, in a clear and for- 
cible manner, the foreign policy of the administration 
of President Jefferson, and justified the passage of the 
Embargo Act. His views were sustained by the legis- 
lature, in the answers of the two houses, which were 
adopted by decided majorities. At the s}Decial session, 
held in November, 1808, and at the regular session 
commencing in January, 1809, the governor repeated 
the sentiments that he had previously expressed, in re- 
gard to the measures of the general administration, 
which, in like manner, received the approbation of the 
legislature. 

If the idea that Governor Tompkins could be 
moulded to subserve their private purposes, if any they 
had, was ever seriously entertained by De Witt Clinton 
and Ambrose Spencer, they must have early discov- 
ered their mistake. As soon as he became fairly seat- 
ed in the executive chair, he sought by every means 
to strengthen himself; and their influence began sen- 
sibly to decline. The decision of the convention of 
1801 had deprived the governor of the exclusive pos- 
session of the official patronage ; still, as one of the 
council, while its members were his friends, his wishes 
were quite likely to be regarded as much or more than 
those of any other single individual ; and this fact was 
* Albany became the seat of government of the state, in 1807. 



168 ' DANIEL D. TOMPKINS. ' ' ' 

pretty well known among the applicants for office. 
The Lewisites were not idle ; they were ardent and 
zealous in their support of the general administration, 
and at home endeavored to produce a rupture between 
De Witt Clinton and Governor Tompkins. The latter 
gave no countenance to these attempts, though he was 
far from being unwilling to increase the number of his 
friends, or to profit by their efforts. 

When the legislature met, in November, 18(>f, for 
the choice of presidential electors, many of the most 
ultra friends of George Clinton, the vice-president, 
who believed that Mr. Madison had been unjustly pre- 
ferred to their favorite by the congressional caucus, 
desired to nominate such persons as w^ould give him 
their votes for the higher office, instead of that for 
which he had been again put in nomination. Mr. Clin- 
ton and Mr. Spencer both favored this movement ; but 
Governor Tompkins and others protested against it, 
and showed the utter folly and uselessness of thus 
throwing away the votes of the state of New York. 
The design was therefore abandoned, and electors were 
chosen without regard to their individual preferences. 
After the election of Mr. Madison, Governor Tomp- 
kins gave the same cordial support and approbation to 
his measures which he had previously rendered to 
those of his distinguished predecessor ; although, in 
common with a large proportion of the republican party 
in New York, and elsewhere throughout the Union, he 
thought that the tone of the administration, with re- 



o/for "^^^H 



THE EMBARGO ACT. 169 

spect to t!ie foreign relations of the country, was less 
bold and energetic than was demanded by the exi- 
gency of the times. 

During the first term of the administration of the gov- 
ernment by Governor Tompkins, no very important 
measures of state policy were either proposed or 
adopted. Public attention was generally directed to 
the protracted warfare on the European continent ; to 
the orders and decrees of the belligerent powers, under 
the operation of which our commerce was seriously 
crippled ; to the restrictive policy of the American ad- 
ministration, designed to compel an abandonment of 
those arbitrary regulations ; and to the negotiations, 
which had been so long continued that few anticipated 
a peaceful issue, and many began to hope they would 
terminate in hostilities. 

At the regular legislative session held in the winter 
of 1810, the governor in his speech again signified his 
approbation of the course pursued by the general gov- 
ernment in regard to the repeated violation of the 
rights of the United States as a neutral power, by the 
European belligerents. The restrictive system adopted 
by Jefferson, and continued by Madison, had been at- 
tended with one fortunate consequence. Previous to 
the passage of the Embargo Act, the foreign commerce 
of the country had employed a great share of the capi- 
tal and attention of our citizens ; but now they were 
obliged to employ their means in developing those in- 
ternal resources which had hitherto been neglected. 



170 DANIEL D. TOMPKINS. 

Domestic manufactories sprung up all over the Union, 
and the question of affording them legislative assist- 
ance and protection was now agitated. The governor 
referred to them in favorable terms, and recommended 
the subject of their encouragement by legal enactments 
to the consideration of the legislature. He also called 
their attention to the common school fund, and sug- 
gested the propriety of taking immediate measures to 
cany the law of 1805 into effect. 

At the spring election in 1809, the federalists had 
elected a majority of the members of assembly, and the 
answer of that body to the governor's speech did not 
accord with his views, particularly with reference to 
the maftner in which the foreign affairs of the general 
government had been conducted. Moreover, the 
measures which he had recommended received but 
little notice on their part, inasmuch as most of the 
time of the session was spent in discussing questions of 
national policy, with a view to the effect which the 
debate might have at the approaching gubernatorial 
election. In the senate, the republicans were in a 
large majority, but they could do nothing without the 
co-operation of the other branch of the legislature. 

Early in the winter of 1810, the federal members 
held their caucus, and nominated Jonas Piatt as their 
candidate for governor. Their supremacy in the 
house, and the treachery of a republican senator, en- 
abled them to secure the council of appointment, and 
the official guillotine was kept constantly in motion. 



RE-ELECTION. 171 

It was highly important, therefore, that they should 
succeed at this election if they wished to retain the 
offices of which they had taken possession. Their 
hopes of success were sanguine, hut they counted alto- 
gether too much on the divisions in the republican 
party. Whatever may have been the symptoms of 
dissatisfaction, manifested during the previous year, 
the necessity of sustaining Mr. Madison's administra- 
tion was so urgent, that all minor considerations were 
merged in this more important one. The friends of ex- 
Governor Lewis, also, were now warmly enlisted in 
favor of Mr. Madison and Mr. Tompkins. At the re- 
publican legislative caucus, held on the 5th of Febru- 
ary, 1810, the latter was nominated for re-election 
without a dissenting voice. John Broome, the lieu- 
tenant-governor, was likewise put in nomination. 
Many citizens were present at the caucus from other 
parts of the state, who took part in the proceedings, and 
signed the address which was drawn up by De Witt 
Clinton, then a member of the senate. 

The republican party achieved a brilliant triumph 
at the election. Almost eighty thousand votes were 
cast for governor, of which Governor Tompkins re- 
ceived a little over forty-three thousand ; thus securing 
his re-election by a majority of between six and seven 
thousand votes.* The republicans elected their can- 

* Mr. Hammond (Political History, vol. i. p. 285) puts dovm the ma- 
jority of Governor Tompkins at ten thousand ; but his statement is 
erroneous. 



172 DANIEL D. TOMPKINS. 

didates for senators in all the districts, and nearly two 
to one of the members of assembly. 

Peculiarly gratifying as was this expression of ap- 
probation on the part of his fellow-citizens to the feel- 
ings of Governor Tompkins, the result was yet more 
satisfactory to him, because it indicated the determina- 
tion of the people of the state to sustain the general 
government in the controversy in which it had become 
entangled with the European powers, and, if need be, 
to aid it in untying the Gordian knot with the sword. 

The principal feature of the governor's speech at the 
meeting of the new legislature, on the 29th of January, 
1811, was a review and examination of the triangular 
difficulty with Great Britain and France, and a vindica- 
tion of the course pursued by Mr. Madison in conduct- 
ing the negotiations with those governments. He once 
more urged the encouragement and protection of do- 
mestic manufactures upon the favorable attention of 
the legislature, and repeated his suggestions in regard 
to the common school fund. Action was had upon 
the last recommendation of the executive, and pre- 
paratory measures taken to organize the school system. 
Five commissioners were authorized to be appointed 
by the governor, whose duty it should be to report a 
plan for the organization, at the ensuing session of the 
legislature. The commissioners made their report in 
the winter of 1812, and an act was then passed estab- 
lishing the system. 

For several years there had existed a faction in the city 



MARTLI\G MEN. 173 

of New York, composed of Lewisites, Burrites, and other 
disaffected republicans, who were neitiier few in num- 
bers, nor weak in influence, although the latter was 
confined to the city. They were known in the political 
contests of the day as Martling Men, and all their efforts 
seemed to be directed against De Witt Clinton. Their 
objections were principally of a personal character, and 
they boasted loudly of their independence of the dicta- 
tion of the gentleman who had incurred their displeas- 
ure. They were countenanced, however, by many 
persons holding high offices under the general govern- 
ment, and Mangle Minthorne, the father-in-law of 
Governor Tompkins, was one of their leading men. 
It is very doubtful whether the governor himself con- 
curred in their movements, but he was not indifferent 
to flattery ; and when they sounded his praises, he did 
not inquire into the propriety of coupling with them 
anathemas of one whom he began to regard as his 
rival. Naturally, looking upon himself as the leader 
of the party, and cherishing, it may be, at that time 
aspirations for still higher honors, he did not regret 
to see the influence of Mr. Clinton with his republican 
friends gradually diminishing, partly through the efforts 
of his enemies, and partly through his own mistakes. 

In consequence of the death of Mr. Broome, the lieu- 
tenant-governor, in the summer of 1810, a law was 
passed, authorizing the vacancy to be filled at the an- 
nual election in April, 1811. De Witt Clinton was nom- 
inated, and elected to the office, in spite of the op])osi- 



174 



DANIEL D. TOMPKINS. 



tion of the Marti ing Men, who supported another can- 
didate in the city of New York, and of the federal 
party, who also made a nomination. Governor Tomp- 
kins took no active part in this contest. It is more 
than probable that he did not approve of the republican 
nomination, though he was too rigid a party man to 
oppose the decision of the caucus. But all these cir- 
cumstances tended to keep alive and increase his jeal- 
ousy of Mr. Clinton. 

We come now to one of the most important acts of 
Governor Tompkins, during his administration of the 
state government — one which called down upon his 
head the severest censure of those who disapproved of 
the step, and elicited the warmest encomiums of such 
as concurred with him in opinion. By the failure of 
the old United States Bank to obtain a re-charter, at 
the session of congress in 1810-11, a large amount of 
its capital was rendered useless. The project was then 
started, by those who were interested in its re-establish- 
ment, of procuring an act of incorporation from the 
legislature of New York, under which it might, in ef- 
fect, be continued ; and of locating the revived institu- 
tion, which they proposed to call " The Bank of Amer- 
ica," in the commercial emporium of this state. No 
sooner had this plan been concocted, than agents were 
dispatched into the interior counties, to sound the 
members elect, and, if possible, prepossess them in its 
favor. 

Governor Tompkins was early made acquainted 



BANK OF AMERICA. 

with these movements, and his speech at the opening 
of the legislative session, in January, 1812, was princi- 
pally devoted to an exposition of the evils arising from 
a redundant paper currency. Although he did not 
refer, in terms, to the application about to be made, he 
had it in view in his remarks. He insisted that addi- 
tional banking capital was not required by the citizens 
of the state, in the transaction of their business ; and 
not only protested against any considerable increase 
being made, but intimated, that in his opinion, banks 
had " already been multiplied to an alarming extent."* 
Shortly after the commencement of the session, the 
petition for the incorporation of the Bank of America 
was presented in the assembly. As an inducement for 
granting the charter, the petitioners oflered a most 
splendid bribe — the payment of a bonus of six hun- 
dred thousand dollars ; four hundred thousand dol- 
lars of which were to be added to the common school 
fund, one hundred thousand dollars to the literature 
fund, and the remaining one hundred thousand dollars 
to be paid into the treasury, at the expiration of twenty 

* The speech of the governor on this occasion occupied three cohimns 
of a newspaper — in those days a mere LilHputian affair in comparison 
with the mammoth sheets now issued by the daily and weekly jjress — 
and be therefore felt it incumbent upon him to apologize for its "un- 
usual length 1" What would lie have said could he have lived to ■wit- 
ness the annual inflictions, in this age of progress, upon the patience of 
the American pubUc, in the shape of executive messages, able, it may 
be, but insufferably prolix, and 

" In hnked sweetness lon;r drawn out."' 



176 DANIEL D. TOMPKINS. > 

years from the date of the act of incorporation, pro- 
vided no other bank charter should in the meanwhile 
be granted. It was further proposed to loan one million 
of dollars to the state, at five per cent, interest, for the 
construction of canals ; and the same amount to far- 
mers, at the usual rate of six per cent. Printed hand- 
bills, in which this tempting lure, this gilded bait, was 
displayed in the most captivating form, were laid upon 
the desks of members, and placed on the tables at their 
boarding-houses, and lavishly distributed all over the 
state. 

It cannot excite feelings of gratification, in the 
bosom of the New Yorker, to contemplate these pro- 
ceedings ; and when he rises from the perusal of this 
chapter in the history of his state, it must be with a 
malediction trembling on his lips. His mind at once 
reverts to the wretched condition of the Roman empire, 
when the PrEctorian cohorts awed both her patricians 
and plebeians into submission ; when public and private 
faith were hawked about in the forum, and the throne 
of the Caesars was filled by the proud Dives, whose 
gold had more charms, in the eyes of the soldiery, than 
the imperial purple. The Mississippi scheme and the 
South Sea bubble — every act of corruption — every be- 
trayal of public confidence and trust — recorded in the 
legislative annals of the world — will pass in review be- 
fore him. Emotions of pity and regret, of sorrow and 
anger, will swell in his bosom, and his language cannot 
be otherwise than stronci; and indio-nant. 



BRIBERY AND CORRUPTION. 177 

All honor to Governor Tompkins thcit he remonstrat- 
ed, in eloquent and energetic terms, against the passage 
of the act incorporating the Bank of America ! Judge 
Spencer, John Tayler, and Elisha Jenkins, all three in- 
fluential members of the republican party, likewise ex- 
erted themselves to defeat it. De Witt Clinton, also, 
disapproved of the measure, though he could not be in- 
duced to come out openly against it, because many of 
his warmest personal friends were friendly to the bill. 
The remonstrances of these distinguished men would 
have been successful, had not the most barefaced bribe- 
ry, and the most glaring fraud and corruption, been re- 
sorted to and practiced by the agents employed to 
secure the charter. A considerable number of the 
members of the legislature — good and worthy men, too 
— were honestly in favor of granting the application ; 
but in order to secure the requisite vote, it was neces- 
sary to make pecuniary offers, in some cases to a lai'ge 
amount, to those who could be influenced by such con- 
siderations. This was done without scruple : and a 
majority was thus secured in both houses. The bill 
passed the assembly, by a vote of fifty-eight to thirty- 
nine, and was sent to the senate. A vote having been 
taken in that body, which indicated with certainty 
what would be the result, it was necessary, at once, to 
take some bold and decisive step, to save the honor 
and credit of the state. 

Judge Spencer, and other prominent republicans, 
had repeatedly urged the governor to exercise the au- 

8* 



12 



178 DAMEL D. TOMPKINS. 

thority conferred upon him by the constitution, and to 
prorogue the legislature. He at first hesitated; but 
when the long-foreseen emergency had arrived, and it 
became apparent that the appliances used by the 
agents of the bank had been but too successful, he felt 
that his duty was made plain. " We concurred in the 
opinion," says Judge Spencer, " that a crisis had arriv- 
ed, when some bold measure was to be taken, to pre- 
serve the fountain of all our laws from the impure 
approaches of bribery and corruption ; and that a pro- 
rogation, with the reasons which produced it, would 
awaken public attention to these enormities, and would 
strike an awe into the actors in these profligate scenes, 
which would not fail to produce a wholesome and 
salutary state of things."* 

On the 27th of March, 1812, the governor sent his 
message to the legislature, proroguing the two houses 
until the 21st day of May then next, and assigning as 
the reason and justification for the adoption of this ex- 
treme measure, that sufficient proof had been furnished 
to him, that the applicants for the charter had cor- 
rupted, or attempted to corrupt, the members of the 
legislature. This bold step was entirely unexpected ; 
and the reading of the message was followed by a fierce 
storm of denunciation from those members who were 
actively enlisted in behalf of the bank. No epithet 
could be too strong, or too severe, to be hurled against 
Governor Tompkins. He was called a tyrant and a 

* Defonce of Judge Spencer, 1843. 



PASSAGE OF THE BILL. 

usurper; he was charged with reviving a prerogative 
borrowed from monarchical governments, which had 
long been a dead letter in the constitution ; and there 
were those who went so far as to declare themselves in 
favor of continuing the business of the session, notwith- 
standing the mandate of the governor. 

The legislature adjourned, however, in accordance 
with the message of prorogation. But the passage of 
the Bank Bill was merely postponed, and not defeated. 
When the two houses again came together, the senate 
immediately resumed the consideration of the subject ; 
and although every inch of ground was contested by its 
opponents, it finally passed, by a vote of seventeen to 
fourteen. During the recess, petitions had been circu- 
lated, which were addressed to the council of appoint- 
ment, requesting them to appoint two additional judges 
of the supreme court, as it was ascertained that a ma- 
jority of the council of revision were friendly to the 
bill. The avowed object of this movement was to de- 
feat the act of incorporation in the council ; but as the 
proper legal business of the court did not require any 
additional force on the bench, Governor Tompkins 
could not be induced to sanction the measure, and no 
action was had thereupon in the council of appoint- 
ment. 

But although the prorogation of the legislature did 
not defeat the application for this particular charter, it 
had the tendency to stem successfully the tide of cor- 
ruption, that was violently surging over the ramparts 



180 DANIEL D. TOMPKINS. 

of the law and the constitution. It called the attention 
of the people to the influences that were poisoning the 
fountains of public and private virtue. The charges 
of malconduct subsequently underwent examination in 
the state courts, and one of the agents of the bank was 
convicted, and sentenced to the state prison ; others 
were indicted and tried, and only escaped because the 
witnesses against them, though the testimony was con- 
clusive and generally credited, were the members of 
the legislature to whom bribes had been offered, and 
had supported the persons on trial, for important offices, 
subsequent to the occurrence of the circumstances 
which they detailed. Yet upon the whole, the action 
of the governor, and the proceedings in the courts, 
were attended with the most happy result ; for no sim- 
ilar attempt was afterwards made to corrupt the legis- 
lature of the state.* 

Previous to the final adjournment of this legislature, 

* At the session of the legislature in the winter of 1813, the Bank 
of America applied to be relieved from the payment of the bonus to 
the state, and asked permission to reduce the amount of their capital. 
The bait had taken, and as tlieir purpose had been accomplished, they 
did not care to fulfil the conditions upon which the charter was origin 
ally granted. An excuse was ready, however. It was said, as the 
applicants for the charto>r probably anticipated, that all the stock could 
not be taken unless the act was amended so as to relieve the bank 
from making such heavy payments. In conformity with the application 
now made, the capital was reduced, and the bonus remitted, with the 
exception of one hundred thousand dollars, which was to be paid to the 
common school fund. 



COURSE IN REGARD TO THE WAR. 181 

De Witt Clinton was nominated for the presidency, at 
a caucus of the repubhcan members. Governor 
Tompkins, with many other leading men belonging to 
the party, was opposed to the movement, and to the 
choice of Clintonian electors at the special session of 
the next legislature, held in the fall of 1812. This op- 
position was based, not so much on personal consider- 
ations, although they undoubtedly had some influence 
with the governor, but mainly on his approbation of 
the wise and prudent motives which had controlled the 
policy of Mr. Madison, during his administration. In 
common with many of the most prominent republicans 
in the Union, the former had desired to see a little more 
energy displayed by the national executive ; but the 
passage of the new Embargo Act, in April, 1812, in 
pursuance of the recommendation of the president, and 
other proceedings at Washington, assured him that 
bolder counsels were about to prevail. He thought it 
unwise, therefore, to divide the republican party, upon 
a mere question as to men, at such a crisis, and par- 
ticularly unjust to oppose the re-election of a public 
officer, whose fidelity to the country no one distrusted, 
and whose ability no one questioned. 

As the electors were then chosen by the legislature, 
Governor Tompkins, and those who concurred with him 
in desiring to see Mr. Madison sustained, could do no- 
thing more than express their preferences, which they 
did not hesitate to do on all suitable occasions. An 
estrangement had been gradually springing up between 



182 DANIEL D. TOMPKINS. 

the governor and De Witt Clinton ; and when the for- 
mer avowed his determination not to place himself in 
opposition to the republican party in the other states, 
who were unanimous in favor of the re-election of Mr. 
Madison, the breach was so far widened that it could 
never again be healed. 

It is unnecessary to say, that when the act declaring 
war against Great Britain was passed by congress, in 
June, 1812, it met with a hearty response from Gover- 
nor Tompkins. His position, as the executive head of 
the state of New York, was one of great importance. 
His patriotic devotion to the country was well known ; 
and all eyes were instantly turned towards him, to 
mark his conduct. He did not disappoint public ex- 
pectation. From the beginning to the end of the con- 
test, he stood firm and unflinching in support of strong 
and decisive measures. The weight of his name and 
influence, his time and his means, were never with- 
held. New York, upon her northern and western bor- 
ders, was the scene of important military operations ; 
and whh the conduct of the war in this quarter of the 
Union, his name is indissolubly connected. 

Immediately after the president issued his procla- 
mation, Governor Tompkins ordered out the militia of 
the state, and accepted the services of the volunteers. 
They were organized and equipped, and sent into the 
field, with all possible expedition. The resources at 
his control were limited ; but where the law had not 
clothed him with sufficient power, to protect the state 



DEFENCE OF THE STATE. 

from invasion, and to render the required assistance 
to the general government in maintaining tlie national 
honor, he exercised it wisely and prudently, yet firmly, 
without legal warrant, and on his own responsibility. 
Public opinion justified him in pursuing the course 
which he did. He relied upon the people to sustain 
him, and he did not rely in vain. Through his exer- 
tions in the summer of 1812, a large militia force was 
collected on the Niagara frontier under the command 
of General Van Rensselaer, and considerable bodies 
of troops were stationed at other exposed points. 
Through no fault of his, and principally in consequence 
of disputes and disagreements between the officers of 
the militia, and those of the regular army, the cam- 
paign of 1812 terminated in disaster and disgrace. 

Other difficulties were not wanting to increase his 
embarrassments. The restrictive policy pursued by 
Jefferson and Madison had weighed heavily upon the 
eastern and middle states. In New England the fed- 
eralists were largely predominant, and in New York 
they presented a powerful opposition. At the April 
election, in 1812, they secured a majority in the lower 
branch of the legislature, and at the extra session in 
November, the governor vainly recommended the 
adoption of energetic measures for carrying on the 
contest with Great Britain. The republicans had the 
control in the senate, and promptly passed such bills as 
were adapted to the emergency ; but in the assem- 
bly, the time was spent in fruitless discussions, and 



184 DANIEL D. TOMPKINS. 

the recommendations of the executive were un- 
heeded. 

A similar state of things was witnessed at the 
regular session in the following winter. Unfortunate 
as was the issue of the previous campaign, the energy 
and decision of the governor had not been unproduct- 
ive of results. The enemy were kept at bay until the 
general government had time to bring their forces into 
the field, but a large amount of money was required 
for the operations of the ensuing year. This was dif- 
ficult to be obtained. The eastern federalists had ex- 
erted themselves, for the most part with success, to 
prevent capitalists in that section from making the de- 
sired loans. In New York a like course was pursued, 
though not to the same extent. Governor Tompkins 
therefore, recommended in his speech at the com- 
mencement of the session, that a loan should be made 
by the state to the national government, to enable it 
to carry on the war. But the federalists still adhered 
to their position, and when the senate adopted a reso- 
lution authorizing a loan to be made, it was defeated 
by the federal majority in the assembly. 

Another general election was to take place in April 
following, and on the 4th of Februaiy, 1813, Governor 
Tompkins was again nominated for re-election, at the 
republican legislative caucus, without a dissenting 
voice. A portion of the members desired that De Witt 
Clinton should be re-nominated, but his course had not 
been satisfactory to the party generally, and through 



RE-ELECTION. 



the influence of Ambrose Spencer, and Elisha Jenkins, 
John Tayler was selected in his stead, as the candidate 
for Heutenant-governor. The candidates of the oppo- 
sition were Stephen Van Rensselaer and George 
Huntington. Both were popular and estimable men ; 
and the fact that the former had commanded the state 
troops on the Niagara frontier the previous season, 
was made use of by their friends, when it was neces- 
sary, to disprove the charge of opposition to the war. 

The federalists, therefore, counted with considerable 
confidence on their success, especially when the imme- 
diate friends of De Witt Clinton came out in opposition 
to the republican candidates, and denounced them 
as the tools of President Madison. But they were 
doomed to experience a sad disappointment. The con- 
test was close, yet Governor Tompkins and Mr. Tayler 
received about thirty-six hundred majority in a poll of 
eighty-three thousand votes. The victory was not all 
on one side, however. Owing to the defection of Mr. 
Clinton's friends, the federalists again secured a ma- 
jority in the assembly, while the republicans maintained 
their ascendency in the senate. 

Notwithstanding this partially unfavorable result, the 
governor had cause for self-gratulation. Upon his 
own conduct the people had pronounced a favorable 
judgment. Inspired, therefore, by the same patriotic 
motives, which had hitherto influenced his action; and 
feeling assured that they, to whom alone he was re- 
sponsible, would sustain him, — he continued to render 



186 DANIEL D. TOMPKINS. 

all the service in his power in carrying on the war, and 
keeping the state in a posture of defence ; and no practi- 
cable eiforts in furtherance of those objects were in- 
termitted on his part. However remiss others might 
be, he was determined that his duty should not remain 
unfulfilled. The sneers of the envious he disregarded ; 
the cavils of those who doubted the propriety of his 
movements passed him by like the " idle wind ;" and 
the waves of party clamor were disparted by his firm- 
ness and resolution, as the waters of the ocean are bro- 
ken by the bold promontory that lifts its head in defi- 
ance of the storm. 

In his speech at the commencement of the session of 
the legislature in January, 1814, he presented a detailed 
statement of the events of the war, and recommended 
the assumption by the state of its quota of the direct tax 
authorized to be levied by a law of congress. This rec- 
ommendation, like those of former years, was approved 
by the senate, but the assembly refused to pass the bill by 
a strict party vote. Other measures intended to aid the 
general government in the prosecution of the war, were 
likewise adopted in the senate, but rejected by the lower 
house. Collisions between the two branches of legisla- 
ture were almost of daily occurrence, and the session 
passed away without accomplishing anything of mo- 
ment, either for the security of the state or for the as- 
sistance of the general government. 

At the spring election, the federalists were com- 
pletely prostrated as a party, and the republicans re- 



THREATENED ATTACK ON NEW YORK 187 

gained the ascendency in the assembly. During the 
summer, rumors of invasion were rife throughout the 
state ; partly founded on conjecture, and partly on re- 
liable information. The neglect of the legislature im- 
posed a double duty on the governor, but he was 
ready to perform it. He required the militia to meet 
often for inspection and drill, and urged the officers to 
perfect the discipline of their men as rapidly as possible. 
In accordance \vith his directions, the state troops 
were so disposed that they might render their aid at 
any point that might be menaced. A portion of them 
did good service under General Porter at Chippewa 
and Niagara, and others were among the foremost in 
rallying around the standard of Macomb. 

The city of New York was in a most exposed con- 
dition. Measures had been taken for its defence by the 
authorities of the United States, and fortifications were 
being constructed under the direction of General 
Lewis. But everything was yet incomplete. All sum- 
mer long an attack was apprehended, and after the 
capture of Washington, it was confidently believed that 
the next blow would be struck in this quarter. The 
alarm was now at its height. Dansfer was imminent. 
Party ties were obliterated for tlie time, and party at- 
tachments dispelled. The governor was appealed to 
by the leading federalists and republicans in the city 
and its neighborhood, to exert his authority, and if the 
public safety required him to transgress it, they pledged 
themselves to stand by him. "Venerable and patri- 



188 , DANIEL D. TOMPKINS. 

Otic citizens," said he, "such as Colonel Rutgers, 
Colonel Willet, Governor Wolcott, Mr. [Rufus] King 
and others animated me to the greatest efforts ; the 
latter gentleman in an interview with me, was pecu- 
liarly impressive — he said ' that the time had arrived 
when every good citizen was bound to put his all at 
the requisition of the government — that he was ready 
to do this ; that the people of the state of New York 
would and must hold me personally responsible for its 
safety.' I acquainted him with the difficulties under 
which I had struggled for the two preceding years, 
the various instances in which I had been compelled 
to act without law or legislative indemnity, and urged, 
that if I should once more exert myself to meet all the 
emergencies and pecuniary difficulties with which we 
were pressed, I must inevitably ruin myself. 'Well, 
sir, (added he, with that enthusiasm which genius lends 
to patriotism.) what is the ruin of an individual com- 
pared with the safety of the republic? If you are 
ruined, you will have the consolation of enjoying the 
gratitude of your fellow-citizens ; but you must trust to 
the magnanimity and justice of your country, you must 
transcend the law, you must save this city and state from 
the danger with which they are menaced, you must 
ruin yourself if it becomes necessary, and I pledge 
you my honor that I will support you in whatever you 
do.' "* Such an appeal, at such a time and under such 
circumstances, was not to be resisted. Surely, it was 
* Letter of Governor Tompkins to Archibald Mclntyre. 



PREPARATIONS FOR DEFENCE. 189 

a noble sight — when the armies of Great Britain, fresh 
from the laurelled fields of Spain, were menacing our 
frontier — when her fleets were hovering on our sea- 
coast, and her predatory bands engaged in the work of 
plunder and devastation — when the war and its abet- 
tors were denounced from the pulpit by the divines of 
New England — and when treason, or nullification, was 
plotted at Hartford — to behold the two great leaders 
of the rival parties in New York standing together, in 
support of the country, of her honor and her rights, 
like brother with brother, and patriot with patriot I 

Governor Tompkins had promptly issued his procla- 
mation, requiring the new legislature to convene for 
an extra session on the 26th of September ; but the im- 
minence of the danger was such that immediate action 
was required, and delay might be attended by the 
most disastrous consequences. He procured money, 
therefore, on his own personal responsibility, to a con- 
siderable amount, and expended it in purchasing sup- 
plies for the troops and completing the defences of 
New York. Large bodies of militia from the • river 
counties were ordered to the city, and in a compara- 
tively short time an army of between ten and fifteen 
thousand men was concentrated at this point. Of 
this force Governor Tompkins himself assumed the 
command, by virtue of a temporary appointment as a 
major-general in the army of the United States. Hap- 
pily, however, the British expedition which had suc- 
ceeded at Washington, but was repulsed at Baltimore, 



190 DANIEL D. TOMPKINS. 

sailed away to the far south to meet the doom that 
awaited it on the pkiins of Chuhiiette. When this 
became known, the alarm which had prevailed in New 
York entirely subsided, and apprehensions of danger 
were no longer entertained. 

In the meantime, President Madison had solicited 
Governor Tompkins to accept the oliice of Secretary 
of State ; it being understood that Mr. Monroe would 
be permanently transferred to the War Department, 
which had been placed under his charge upon the 
resignation of General Armstrong. However much 
the governor might have been inclined at any other 
time to accept of an appointment of this character, he 
could not but feel, in the present condition of affairs, 
that duty to his native state required him to remain in 
the position to which he had been elevated by her citi- 
zens, and the otfer of the president was, therefore, de- 
clined.*" 

* It is said by Mr. Hammond, (Political History, vol. L pp. 390, 391 
405) that the offer of tlie president to place Governor Tompkins at the 
head of the State Department, was a commitment, on the part of the 
administration, to support him for tlie next president. Jfow this state- 
ment rests entirely on tlie nuked assertion of tlie ^Titcr for support, and 
it is obviously incorrect. Mr. Madison and Mr. Monroe, it is well known, 
■were rival candidates for the presidency in 1808, but tlie former was 
preferred by a large majority of the members of the legislature of Vir- 
ginia, and by the Congressional Caucus. It was then understood, 
throughout tlie Union, that Mr. Monroe was the prominent candidate for 
the succession. Had the war been protj-acted, and had it been necessary 
to adopt the phm of increasing the army by drafts from tlie whole body 
of the militia, to which tlie term conscription was applied, recommended 



WAR MEASURES OF THE ASSEMBLY. 191 

The New York legislature assembled, in pursuance 
of the governor's proclamation, on the 26th of Sep- 
tember, 1814. His speech was chiefly confined to the 
war, and the recommendation of various measures for 
its prosecution. The republican majority in the two 
houses went to work vigorously, and laws were soon 
passed, increasing the pay of the militia, when in the 
service of the United States ; for the encouragement 
of privateering and authorizing associations for that 
purpose ; for classifying the militia, so as to secure a 
force of twelve thousand men, enlisted for two years, to 
be placed at the disposal of the general government ; for 
raising a corps of sea fencibles for the defence of the 
city of New York ; for the reimbursement to the 
governor, of expenditures made on his own responsi- 
bility; and for completing the fortifications on Staten 
Island. Other laws, constituting features of more or 
less importance in the general system of measures, 
were likewise enacted. Most of the bills thus intro- 
duced and carried by the dominant party, were op- 
posed by the federal members. 

At the annual session, commencing in the month of 
January following, further measures were proposed for 
carrying on the war ; but all were rendered unneces- 
sary by the treaty of peace, intelligence of the conclu- 

by Mr. Monroe to Congress in October, 1S14, he was determined upon 
withdrawing from the contest, because he saw that tlic measure would 
be unpopular with the people. In that event Mr. Tompkins migiit have 
been the favorite candidate, though tliat is by no means certain. 



192 DANIEJi D. TOMPKINS.; . 

sion of which was received early in the month of Feb- 
ruary. 

During the continuance of the war, the prosecution 
of works of internal improvement was wholly out of 
the question ; and the attention of the public was 
diverted from the canal enterprise by the urgent neces- 
sity of providing for the security of their firesides. In 
1815, the law authorizing the commissioners to borrow 
five millions of dollars was repealed ; but on the resto- 
ration of peace, the friends of the measure renewed 
their efforts. Governor Tompkins was not averse to 
the construction of the work, neither was he ar- 
dent in advocating it; but he desired to proceed 
with caution and deliberation, and not to plunge 
the state headlong into debt, regardless of conse- 
quences. He called the notice of the legislature to 
the subject, in his opening speech at the commence- 
ment of the regular session, in January, 1816, and said, 
that it would rest with them to say, " whether the pros- 
pect of connecting the waters of the Hudson with those 
of the western lakes and of Champlain, [was] not suffi- 
ciently important to demand the appropriation of some 
part of the revenues of the state to its accomplishment, 
without imposing too great a burden upon [their] con- 
stituents. The first route," he remarked, in addition, 
" being an object common with the states of the west, 
we may rely on their zealous co-operation in any judi- 
cious plan that can perfect the water communication 
in that direction. As it relates to the connecting the 



PRESIDENTIAL CANVASS. 193 

waters of the Hudson with those of Lake Chainplain, 
we may, with equal confidence, count on the same spir- 
ited exertions of the patriotic and enterprising state of 
Vermont." Petitions in favor of this great project 
flowed in upon the legislature, during the session, in a 
continuous stream, and provision was made by law for 
procuring the necessary surveys and estimates, prepara- 
tory to the commencement of the work. 

The patriotic course of Governor Tompkins during 
the second war with Great Britain, and his triumphant 
election in the spring of 1813, raised him to the zenith 
of popularity. The " Farmer's Boy of Westchester" 
was toasted at every gathering of the republican party. 
His name was coupled with that of Madison, in the 
public prints, and their mutual praises were sounded 
from one end of the Union to the other. These tokens 
of approbation were not unworthily bestowed ; none 
deserved them better, and none could regard them with 
greater thankfulness. It was natural that the aspira- 
tions of the governor should now be directed to other 
and higher honors. But I can discover no foundation 
for the assertion or intimation, repeatedly put forth by 
Mr. Hammond, that he had set his heart on obtaining 
the nomination for the presidency, in 1816.* Gover- 
nor Tompkins was not devoid of ordinary prudence as 
a politician. He well knew that 

" High favors like as fig-trees are, 
That grow upon the sides of rocks, where they 



* Political History, vol. i. pp. 360, 391, 405, et alibi. 
9 



13 



DANIEL D. TOMPKINS. 

Who reach their fruit, adventure must so far 
As to hazard their deep do^vnfall." 

His hopes were undoubtedly fixed upon the presiden- 
tial chair; but the desire to reach that high position 
was an honorable one, and the expectations which he 
might have indulged were by no means unreasonable. 
His prospects were highly flattering, and it was only 
necessary that he should patiently " bide his time." 
The great mass of the republican party in New York 
w'ere anxious thus to reward his noble sacrifices and 
patriotic efibrts in the late war, and only wanted but 
the opportunity to indicate their regard for him. But 
beyond the limits of the state, he had been known but 
a short time. He was still a young man ; and it is no 
disparagement to his capacity or his talents to say, that 
he was not considered a sufficiently mature statesman 
to render the propriety of his nomination for the presi- 
dency obvious to the electors of the Union at large. 

Mr. Monroe, on the contrary, who, as has been re- 
marked, was the most prominent candidate, had been 
before the people ever since the year 1808. He, too, 
had evinced his patriotism, in the recent contest, by 
pledging his individual credit to provide the means for 
the defence of New Orleans. Public opinion, in all 
sections of the country, had settled firmly down upon 
his name ; and in the summer and fall of 1815, an al- 
most equally general expression had been elicited in 
favor of the nomination of Mr. Tompkins to the second 
office. Mr. Crawford was also made one of the presi- 



LEGISLATIVE CAUCUS. 195 

dential candidates, by the politicians who were not par- 
ticularly friendly to Mr. Monroe ; but he himself ab- 
solutely refused to co-operate in any way in the move- 
ment. The leading republican papers in the state of 
Georgia, of which he was a resident, came out deci- 
dedly in support of Monroe, and her delegation in con- 
gress entertained similar preferences, although they 
could not but vote for Mr. Crawford, when his name 
was presented to the congressional caucus. 

In the month of February, 1816, Governor Tomp- 
kins was unanimously nominated by the republican 
members of the New York legislature, as their candi- 
date for the presidency ; and a resolution was adopted, 
instructing the senators and representatives in congress 
to use all proper efforts to secure his nomination. The 
main object of this movement — the opinion of Mr. 
Hammond to the contrary notwithstanding — at least 
with those who were sincerely devoted to the governor, 
was to bring his name before the people, and place him 
in the line of succession. If any other design was 
cherished, it must have been on the part of Judge 
Spencer, who was mainly instrumental in procuring 
the caucus nomination, and was then the active man- 
ager in the republican party ; for he was at that time 
more than suspected of urging forward Governor 
Tompkins prematurely, in order that the republicans in 
the southern states might take offence, and treat the 
proceeding as a sectional and factious one, and that he 
might be thus completely prostrated, in a political 



196 DANIEL D, TOMPKINS. 

sense, in an abortive attempt to reach the presi- 
dency. 

At Washington, the canvass commenced as soon as 
the session opened. It was early ascertained, by the 
New York members, that the true question was solely 
between Mr. Monroe and Mr. Crawford, and that the 
attempt to nominate Governor Tompkins for the first 
office must prove an utter failure ; yet they likewise 
discovered, that the nomination for the vice-presidency 
would be cheerfully bestowed on him. Judge Spen- 
cer was then at Washington ; and through his means, 
a meeting of the delegation was held, for the purpose 
of obtaining a united expression in support of Mr. 
Crawford, who was really his favorite candidate. 
Whether he supported him with any ulterior object in 
view, connected with his own personal advancement, 
it is unnecessary to inquire ; yet it is certain that he 
was not a very ardent friend to Governor Tompkins, 
who was a much younger man than himself, and that 
he would have been glad to have distanced him in the 
contest for official honors, if he could. 

It must be remembered, that a caucus nomination 
was not then regarded as being absolutely binding; 
and in connection with this fact, the announcement 
which was made by Mr. Clay, and other friends of Mr. 
Monroe, that the name of the latter should not be with- 
drawn in any event, and that if the caucus decided 
against him, they would appeal from the politicians to 
the people, possessed deep significance. It was so 



CANDIDATE FOR VICE-PRESIDENT. 197 

regarded by Peter B. Porter, Enos T. Throop, John 
W. Taylor, and William Irving, the older and more 
experienced members of the New York delegation, and 
they did not think it advisable to hazard the chances 
of Governor Tompkins' nomination and election to the 
vice-presidency, and of destroying their influence, it 
might be, with the next administration, by taking sides, 
as a delegation, between the two candidates, Mr. Mon- 
roe and Mr, Crawford. Their advice was heeded ; the 
meeting broke up, without coming to any determina- 
tion ; and each member was left to vote according to 
his individual preferences. The caucus was held on 
the 18th of March ; Mr. Monroe was nominated for 
the presidency, over Mr. Crawford ; and Mr. Tomp- 
kins was selected as the republican candidate for vice- 
president — eighty-five votes being given for him on the 
first ballot, and thirty for Simon Snyder, of Penn- 
sylvania. 

While upon this subject, it may be as well, in order 
to save repetition, to refer to the charge of bad faith, 
made by Mr. Hammond against Mr. Van Buren, and 
indirectly and by inuendo against Mr. Throop, whose 
biographical sketches may be found in this work, in 
connection with the presidential canvass of 1815-16.* 
Governor Tompkins had no warmer or truer friends, 
from the time of his election as governor down to the 
period of his retirement from public life, than Martin 
Van Buren and Enos T. Throop. Both regarded him 
* Political History, vol. i p. 409, ct seq. 



198 ♦*■ DANIEL D. TOMPKINS. » 

as the future hope of the repubhcan parly in New 
York, and did not wish to see him make a misstep. 
They were not, Hke Mr. Hammond, subservient to the 
views of Judge Spencer ; and that will account, with- 
out further explanation, for their not committing them- 
selves in the presence of the former, which circum- 
stance, in the case of Mr. Van Buren, seems to have 
been so very mysterious in his estimation.* The asser- 
tion, that the governor thought " unkindly" of the 
course of the New York members, as Mr. Hammond 
averSjf is also highly improbable, not to say impossi- 
ble. Could Mr. Tompkins have been nominated, they 
would unquestionably have supported him ; and if he 
found fault with their action at all, it must have been 
because they came so near falling into the trap set for 
them by Judge Spencer. 

Before the result of the congressional caucus was yet 
known at Albany, it became necessary to select candi- 
dates for the gubernatorial election. Mr. Tomp- 
kins and Mr. Tayler were again nominated for the 
respective offices of governor and lieutenant-governor, 
and succeeded at the April election over their federal 
competitors, Rufus King and George Tibbits, by nearly 
seven thousand majority. 

Governor Tompkins signified his acceptance of the 
nomination for the vice-presidency, on the Gth of April, 
1816, and in the month of December following was 

* Political History, p. 41 1, note. — Mr. Van Burcn was not a member of 
Congress, but merely a casual visitor at Washington. f Ibid. p. 411. 



RECOMMENDS THE ABOLITION OF SLAVERY. 199 

duly chosen to fill that office. He received one hun- 
dred and eighty-three of the two hundred and twenty- 
one electoral votes ; the remainder were divided be- 
tween different candidates. 

Inasmuch as the official term of president and vice- 
president did not commence until the 4th of March, 
1817, Mr. Tompkins continued to discharge the duties 
of governor until near the close of the month of Feb- 
ruary previous to that day, when he resigned the 
office. The administration of the state government 
now devolved on the lieutenant-governor. By virtue 
of a special law passed for the purpose, a governor was 
authorized to be chosen, to supply the vacancy, at the 
annual election in April. De Witt Clinton was the suc- 
cessful candidate, and took the oat-h of office on the 1st 
day of July, 1817. 

Almost the last act of Governor Tompkins, as the 
chief executive officer of the state, was one which de- 
serves ever to be mentioned to his credit. On the 
27th of January, 1817, he sent a special message to the 
legislature, urgently recommending the entire abolition 
of domestic slavery in the state, to take place on the 
4th day of July, 1827. The recommendation was ap- 
proved, and a law passed in conformity thereto. From 
that time, this institution had no longer a legal exist- 
ence in New York. 

Mr. Tompkins took the oath of office, as vice-presi- 
dent, on the 4th of March, 1817; and in December, 
1820, he was re-elected to the same high office, for an- 



200 ' DANIEL D. TOMPKINS. 

Other term of four years, by a still larger electoral vote. 
As the president of the Senate,, he displayed the same 
traits of character for the possession of which he had 
ever been distinguished — always uniting the polished 
urbanity of the gentleman with the dignity appropriate 
to his position. 

In the meantime, divisions had sprung up in the re- 
publican ranks, in New York, and the governor, De 
Witt Clinton, had become obnoxious to the majority of 
the party. His canal policy, however, had made him 
extremely popular with the people ; and it was thought 
by those who wished to see him superseded, that no 
one but Mr. Tompkins, who was believed to be invin- 
cible, could be elected over him. The republican 
nomination was therefore tendered to the vice-presi- 
dent, in the spring of 1820, and duly accepted by him. 
The election was contested with warmth and spirit on 
both sides ; but Mr. Tompkins was defeated by about 
fifteen hundred majority. One of the causes — perhaps 
the only one — of this defeat, was the circulation of a 
most unjust calumny on the fair fame of the republican 
candidate. During the war of 1812, large sums of 
money, amounting to several millions of dollars, had 
passed through his hands, as the agent in making dis- 
bursements of the general and state governments ; and 
upon the settlement of his accounts with the state, it 
appeared that there was a balance against him of about 
one hundred and twenty thousand dollars, for which he 
could produce no vouchers. He claimed, however, 



CHARGE OF DEFALCATION. 201 

that there was a considerable balance due him for com- 
missions. No one dared to chai-ge him openly with 
an intentional appropriation of the public funds to his 
own private purposes, but the deficiency was occasion- 
ed, partly by his neglect to take proper vouchers, partly 
by the immethodical manner in which he kept his ac- 
counts, and partly by blending the public moneys with 
his private funds. 

So thought the commissioners who investigated his 
accounts, and who were his political opponents. So 
thought every candid and impartial man who examined 
into the subject. So thought the legislature ; and a 
law was passed authorizing him to charge commis- 
sions on the money borrowed by him on his own per- 
sonal responsibihty and converted into specie funds, so 
as to enable him to balance his account. A dispute 
then arose between him and the comptroller, Archi- 
bald Mclntyre, in regard to the construction of the 
law, and an angry correspondence ensued. The politi- 
cal friends of the comptroller were in the majority in 
the legislature of 1820, and sustained that officer in 
the view he had taken of the law. The matter was 
still unsettled, therefore, when the election took place 
in 1820, and was used, not so much openly as secretly, 
to the prejudice of the vice-president. At the next 
session of the legislature, in the winter of 1821, a law 
was enacted, authorizing his account to be balanced, 
on his executing a release to the state of his claim for 
commissions. But this act of reparation came too late. 

9* 



202 DANIEL D. TOMPKINS. . 

The blow had been struck, and the victim cowered be- 
neath it. The poisoned dagger was ah'eady quivering 
in his heart. None had the effrontery to charge him 
pubUcly with culpable malconduct, but sly malice 
whispered her insinuations, and slander " filled her 
mouth with lying words," and uttered them covertly in 
the dark. 

Public honors still awaited him. In the spring of 
1821, he was elected a delegate to the convention 
called to amend the state constitution, from the county 
of Richmond, and was chosen by a flattering vote, to 
officiate as president of that body. lie participated to 
some extent in the debates, and especially distin- 
guished himself by his advocacy of universal suffrage. 
Previous to the final adjournment of the convention, a 
complimentary vote of thanks was unanimously adopted, 
and in reply thereto, he delivered the following neat 
and appropriate speech, in which the chasteness and 
simple elegance of his style as a speaker and writer are 
conspicuous : — 

" Gentlemen : I am penetrated with a due sense, not only of the honor 
conferred by your selection of me to preside in this highly respectable 
tody — but also of your kindness and regard manifested by the unani- 
mous resolution which you have been pleased to adopt at the close of 
the solenm duties which the people luive committed to us. 

" It is my sincere hope tliat the approbation of this community may 
crown the result of our consultations, and that it may accomphsh the 
momentous objects for which we have been assembled, and redound to 
the Uberty, tranquillity, and permanent welfare of om- constituents and 
of posterity. 



HIS DEATH. 203 

" AVTiilst I tender to you an affectionate adieu, indulge me, gentlemen, 
in a fervent expression of my acknowledgments for your uniform sup- 
port and approbation, and of my best wishes for your respective happi- 
ness and prosperity." 

Subsequent to this period Governor Tompkins took 
no active part in the poHtics of the state. He contin- 
ued to discharge the duties of vice-president until the 
close of his term, on the 3d day of March, 1825, when 
he finally retired from public life. After his defeat at 
the gubernatorial election in 1820, habits of intempe- 
rance rapidly grew upon him. Like Othello, his occu- 
pation was gone. His cup of disappointment was full 
to overflowing. His temperament became nervous 
and irritable. Fits of melancholy and gloom alterna- 
ted with brief glimpses of the genial sunshine of former 
years. The light of his eye became vague and un- 
settled, and the lines of his face deep and care-worn. 
When he returned from Washington to his residence 
at Tompkinsville, on State n Island, the bode of death 
preceded his footsteps. Disease came on with rapid 
strides, and on the 11th day of June, 1825; his mortal 
career was closed, while yet in the full maturity of 
manhood, but alas ! in the decrepitude of his fame. 

He left several children. One of his sons entered 
the army, and another represented, in part, the first 
senatorial district in the New York senate, during the 
years 1840 and 1841, in a manner creditable alike to 
himself and to his constituents. 

The personal qualities of Governor Tompkins were 



204 DANIEL D. TOMPKINS. 

worthy of all praise. His heart was full of kind and 
generous sentiments. His disposition was frank, manly, 
and ingenuous. True native nobleness of soul charac- 
terized his conduct in all the relations of private life. 
His kindness and urbanity, his winning address and 
engaging manners, were commended by every one 
who approached him. He was often applied to, during 
the war with Great Britain, by relatives having friends 
serving with the state troops, for their discharge from 
the service. Most of these applications were refused ; 
but it was done so kindly and so gently, that the pang 
of disappointment was soon forgotten, and the heart 
whose desire could not be gratified, was lightened of 
half its load. 

In illustration of this remarkable trait in his charac- 
ter, Mr. Hammond relates this anecdote : "A respecta- 
ble farmer residing in one of the interior counties in 
the state, unfortunately had a son who was convicted 
of a felony and sentenced to several years' confinement 
in the state prison. The father had twice called on 
Governor Tompkins with a petition for the pardon of 
his son, which had been denied. After Mr. Clinton 
became the successor of Mr. Tompkins, the old man 
being acquainted with Mr. Miller and aware of his in- 
timacy with the governor, called on him and solicited 
his influence in behalf of his son. Mr. Miller, being 
convinced that it was a case proper for the exercise of 
the executive clemency, promised to give him his aid, 
and forthwith called on the governor, and his represen- 



ANECDOTE. 205 

tations produced the same convictions on the mind of 
Mr. Chnton. Mr. Miller, however, in order to turn 
the act to some political advantage, told the governor 
that the father of the convict was a man of considerable 
influence in the place where he lived ; that he (Mr. Mil- 
ler) would send him to Governor Clinton, and he hoped 
he would treat him in such a manner as to secure his 
esteem and friendship ; and with this request the gov- 
ernor promised compliance. The old man called at 
the governor's office, according to the custom of coun- 
try people, early in the morning, and Mr. Clinton, being 
informed of his name, went himself to the door, and 
urged him to come in and breakfast with him. The 
petitioner did so, and the governor made great efforts 
to appear agreeable during the repast, and after break- 
fast delivered to the anxious father an unconditional 
pardon of his son. He went immediately to Mr. Mil- 
ler's office, who inquired of him how he had succeeded, 
and how he liked the governor. ' The governor,' said 
the old man, ' was so good as to ask me to breakfast, 
and promptly pardoned my son ; but you asked me how 
I liked him, and I must say that, although I have seen 
Governor Tompkins but twice, and although at each 
time he positively refused to grant me the favor I de- 
sired, and Governor Clinton has granted me that very 
favor upon the first time of asking, I like Governor 
Tompkins better than I like or can like Governor Clin- 
ton — I cannot tell the reason why.' "* 

* Political History of New York, vol. ii. p. 271. 



206 DANIEL D, TOMPKINS. 

Governor Tompkins was not a man of brilliant or 
showy parts ; it cannot be said that he belonged to the 
higher order of minds ; but his talents were decidedly 
respectable. He possessed a rare facility in adapting 
himself to any society, and the stm'dy and illiterate 
backwoodsman felt as easy in his presence as the most 
polished gentleman. He possessed " in a most eminent 
degree," says Professor Renwick, " the art of ingratiat- 
ing himself with the people. He had the faculty, which 
is invaluable to him who seeks for popular honors, of 
never forgetting the name or face of any person, with 
whom he once conversed ; of becoming acquainted and 
appearing to take an interest in the concerns of their 
famihes ; and of securing, by his affability and amiable 
address, the good opinion of the female sex, who, al- 
though possessed of no vote, often exercise a powerful 
indirect influence."* His personal appearance, too, 
was in his favor ; it was dignified and prepossessing, 
and his form was above the ordinary height, though 
somewhat inclined to corpulency, when in the full vigor 
of perfect health. 

Here, perhaps, this memoir should end. It was said 
of Marlborough, by his most inveterate political op- 
ponent, the Earl of Peterborough, after death had ter- 
minated their rivalry, — " He was so great a man that I 
have forgotten his faults." But there is a duty to be 
discharged to the hving, as well as reverence to be paid 

* Life of De Witt Clinton, p. 66. 



REFLECTIONS. 207 

to the dead. It is not ungenerous or unjust, to point 
in a becoming manner to the moral presented in the 
sad termination of the career of Tompkins. It needs 
no ampHfication. Great names always render great 
faults more conspicuous, and an evil example is of 
far more pernicious tendency, when exhibited in the 
character of one occupying 'a high position in society, 
than in that of a more humble individual. 

To such as have felt the snares of the syren — to 
those that have been beguiled by the soft blandishments 
of the Delilah who would woo them to their undoing, 
— this moral may be profitable. Many — ah ! how 
many — yield to habits of indulgence, as the young sap- 
ling bends before the breath of the tempest : but few 
there are who rise again, and, like the noble oak, in the 
majesty and dignity of conscious strength, bid defiance 
to the storm and the whirlwind. Many enter the fiery 
furnace, but few escape unscathed and uninjured. He 
who would tempt the ordeal — let him pause, ere he 
makes venture of all that is dear, and listen to the ad- 
monition — 

" A fiend lurks close behind 
The radiance of thy planet — Oh, be warned 1" 



DE WITT CLINTON. 

The early history and origin of the Chnton family 
have been so fully detailed in the memoir of George 
Clinton, that it seems unnecessary to recapitulate the 
facts there narrated, for the purposes of this sketch. 

James Clinton — it will be borne in mind by the 
reader — was the third surviving son of Charles Clin- 
ton, the founder of the family in this country. He was 
born at Little Britain, the residence of his father, on 
the 9th of August, 1736. Nature had gifted him with 
strong and active powers of mind, but associated them 
with a kind and affectionate disposition. Consequently, 
while we find him in battle calm and self-possessed, en- 
ergetic and resolute — when we follow him to the quiet 
and retirement of private life, we see the gentler vir- 
tues of his character, like sweet but humble flowers, 
shedding their fragrance on every side. 

Like his other brothers, he received an excellent 
education, under the instruction or immediate super- 
intendence of his father. He often assisted the latter 
in surveying, and early evinced a great predilection for 
the study of the exact sciences, in which he acquired 




////// Governor ofJifcwYork 



HIS FATHER. 209 

much proficiency. He was warmly attached to field 
sports, and manifested in his youth an ahnost passion- 
ate fondness for a military life. " Born," says Mr. Camp- 
bell, "upon the frontiers, with a hardy and vigorous 
constitution, and accustomed to alarms and Indian in- 
cursions, he became in early life attached to the profes- 
sion of arms."* The last French and Indian war af- 
forded him the opportunity of entering a profession in 
which he subsequently distinguished himself. In 1756, 
he received an ensign's commission, in the regiment of 
militia of which his father was made lieutenant-colonel, 
from Sir Charles Hardy, the governor of the province; 
and in the following year he was promoted to a lieu- 
tenancy. Being authorized to enlist troops, he soon 
raised a company, of which he was made captain, for 
active service in the provincial army ; and in the sum- 
mer of 1758, he accompanied the regiment commanded 
by his father, to which he continued to be attached, in 
the expedition against Fort Frontenac. 

His first campaign was signalized by the successful 
execution of a bold and difficult enterprise. To his 
company was intrusted the capture of a sloop of war 
on the lake (Ontario) which seriously retarded or ob- 
structed the operations of the army under Bradstreet. 
Embarking with his men in row-boats, he gallantly 
led them to the attack. A few moments served to 
place them alongside the enemy's vessel, and after a 

* Life and Writings of De Witt Clinton, p. 15. 



u 



210 DE WITT CLINTON. 

brief struggle, in which he displayed commendable skill 
and courage, she fell into his hands. 

During the remainder of the war, he was either sta- 
tioned at the frontier posts, or engaged in border con- 
flicts with the savage allies of the enemy. His ser- 
vices, and his influence, too, were, in the meanwhile, 
often employed by the colonial governors, in enlisting 
new recruits. The capture of Quebec, and the subse- 
quent surrender of M. Vaudreuil, at length terminated 
forever the ascendency of the French in the Canadas : 
but the Indians who had been in their pay continued 
their depredations on the northern and western bor- 
ders of New York, and the inhabitants of the frontier 
settlements were kept in a constant state of alarm. 
Such was the confidence reposed in Clinton by the 
provincial authorities, that, in 1763, he was empowered 
to raise a corps of two hundred men, to be designated 
as "guards of the frontier," over whom he was ap- 
pointed captain-commandant. In this capacity, his 
duties were both responsible and arduous — the safety 
of a line of frontier fifty miles in extent depending en- 
tirely upon him and his command. 

Quiet was soon restored, however, by the conclusion 
of the treaty of peace between France and Great 
Britain, and the provincial army was disbanded. 
James Clinton now retired to his farm in Little Britain, 
and shortly afterwards married Mary De Witt, a 
daughter of Egbert De Witt, and a young lady of great 
respectability, and of rare personal charms and accom- 



REVOLUTIONARY SERVICES. 211 

plishments. Her ancestors originally came from Hol- 
land. She bore her husband four sons ; — Alexander, 
Vi^ho was for a long time the private secretary of his 
uncle, the governor ; Charles, who studied law and 
practiced in Orange county ; De Witt, the subject of 
this memoir ; and George, who also became a lawyer, 
and was for five years a representative of this state in 
Congress. 

The soft and gentle influences of domestic tranquillity 
had no enervating power ; the spirit of the soldier still 
glowed in the bosom of the fond husband and affection- 
ate father ; and in his relaxation from sterner cares, 
he did not lose sight of his responsibilities as a citizen. 
On the contrary, the new ties which he had formed 
only furnished additional motives for discharging them 
aright. In the organization of the militia of Ulster 
and Orange counties, he took a deep interest, and rose 
to the rank of lieutenant-colonel. The war of the Rev- 
olution found him firm in his opposition to the tyran- 
nical measures of the British ministry, and a fast friend 
to the colonial cause. Side by side, hand in hand, with 
his brother George, he entered into the contest. In 
the summer of 1775, he was appointed colonel of the 
third regiment of New York troops raised by order of 
the continental congress. This regiment formed part 
of the army which invaded Canada, in the fall of that 
year, under the command of the brave but unfortunate 
Montgomery ; and Colonel Clinton shared with his 



212 



DE WITT CLINTON. 



comrades in the dangers and disasters, the fatigues 
and privations, of that memorable campaign. 

On the 9th of August, 1776, he was raised to the 
rank of brigadier-general in the army of the Confede- 
ration, and during the greater part of the war com- 
manded the New York line. He was stationed at the 
posts in the Highlands, in tlie summer of 1777, and 
with his brother, then governor of the state, took an 
active and important part in the gallant though un- 
successful defence of Forts Clinton and Montgomery, 
on the 6th of October, 1777.* In this affair, he exhib- 
ited many proofs of his unilinching and resolute 
courage. He was the first to counsel resistance, and 
the last to leave the works. In the assault he was 
severely wounded by the thrust of a bayonet, and his 
attending servant was killed at his side. He managed 
to escape in the confusion incident to the capture of 
the forts. Under cover of the darkness, and by means 
of his knowledge of the country, he eluded his pursuers, 
and reached his house, on the following morning, in a 
state of complete exhaustion. 

In the summer of 1778, the savage bands of Thayen- 
danegea, and the infuriated Tories under the command 
of the Butlers, spread terror and consternation through- 
out Tryon county. The fierce sa-sa-kwan of the In- 
dian warrior was heard upon the banks of the Cobles- 
kill and at Herkimer, and it mingled with the exultant 
shouts of the white monsters who revelled amid 
* See ante, p. 43, et seq. 



SULLIVAN S EXPEDITION. 



213 



the havoc and slaughter at Cherry Valley and Wyo- 
ming. 

The attention of Washington and the continental 
congress was now drawn to the defenceless state of 
the frontier settlements of New York ; and it was de- 
termined to dispatch an army into the Indian country, 
early in the ensuing year, to put an end to the inroads 
of the banditti, and lay waste the towns and villages 
where they rallied, and the fields from which they de- 
rived their subsistence. The command of this expedi- 
tion w^as assigned to General Sullivan, who proceeded 
up the valley of the Susquehanna to Tioga Point, with 
the main body of his troops. At the same time. Gene- 
ral Clinton ascended the Mohawk, with about two 
thousand men, as far as Canajoharie. Leaving the 
river at this point, he crossed the country to Lake 
Otsego, — all his boats, two hundred and eight in num- 
ber, and his stores, being transported with great labor 
overland for this distance of twenty miles. This task 
being completed, the division moved down the lake to 
the outlet, where General Clinton remained several 
weeks, awaiting further orders from the commander of 
the expedition. 

About the middle of August, the necessary instruc- 
tions were received, and General Clinton forthwith 
made his preparations for descending the outlet of the 
lake to Tioga, at which place he was ordered to unite 
with the main army. The stream being reduced so 
low by the heat of the summer that his boats could not 



214 



DE WITT CLINTON. 



float, he resorted to the singular expedient of damming 
up the lake ; and when the water had been raised to a 
sufficient height, he made an opening in the dam, 
through which the boats passed in gallant style, and 
descended the river on a spring tide. On the 22d of 
August he joined General Sullivan at Tioga, and in the 
morning of the 26th instant, the whole arniy com- 
menced moving up the valley of the Chemung. 

In the engagement at Newtown, and during the 
march to the Genesee river. General Clinton and his 
men freely partook of the dangers and shared in the 
hardships that were encountered. At the close of the 
campaign he led his division back to the Hudson, and 
was subsequently assigned to the command at West 
Point. In the fall of 1780, he was placed in charge of 
the northern department, and established his headquar- 
ters at Albany. Here he remained till the month of 
August, 1781, when he was ordered to join the com- 
mander-in-chief, with the New York troops, in the 
bold and decisive movement against Lord Cornwallis. 
He was present at the siege of Yorktown, and after the 
surrender accompanied the American army to the 
north. Early in 1782, a junior officer being promoted 
over him by the continental congress, he resented the 
indignity thus offered to him in a proper manner, and 
solicited and obtained leave to withdraw temporarily 
from the service. His patriotism was much too sin- 
cerely cherished, however, to permit him to dissolve his 
connection with the army, but he held himself in readi- 



DEATH OF HIS FATHER. M§ 

ness foi- active duty if the public exigency required. 
He appeared for the last time in arms on the occasion 
of the evacuation of New York, having been now pro- 
moted to the rank of major-general. This last act in 
the drama of the Revolution being closed, he took leave 
of Washington and his compatriots, and retired to his 
farm at Little Britain. 

After the war was ended, General Clinton was fre- 
quently called upon to serve his country in a civil capa- 
city. He represented Orange county in the Convention 
of 1788, called to ratify the constitution of the United 
States, and, with his brother George, opposed the un- 
conditional adoption of that instrument. He was not a 
bigoted partisan, though he always acted with the repub- 
lican party, and, consequently, enjoyed a great share of 
popularity in his own and in the adjoining counties. 
He was elected a member of the State Senate from 
the Middle District, without opposition, and, also, a 
delegate to the Convention of 1801, from the county 
of Orange. He was likewise appointed a commissioner 
to run the boundary line between New York and Penn- 
sylvania; and, at another time, was employed by the 
state legislature to settle certain controversies in regard 
to lands in western New York. All these various 
trusts and duties were discharged with ability and fidel- 
ity. Indeed, his whole life was eminently useful, and 
when it finally terminated, the public lost a benefactor 
whose memory deserves to be carefully cherished. He 
survived his brother, the vice-president, but a few 



216 DE WITT CLINTON. 

months, and died at his residence in Orange county, 
" without fear and without reproach," on the 22d of De- 
cember, 1812. 

De Witt Clinton was born at Little Britain, on 
the 2d day of March, 1769. His early life was un- 
checkered by important incidents. The rudiments of 
his education were acquired at the gi'ammar school in 
his native town, and he was afterwards sent to the 
academy at Kingston, which was the only seminary 
then in the state, at which the higher classical studies 
were taught, and all the young men desirous of attain- 
ing a collegiate education, resorted thither. Having 
prepared himself for the junior class of Columbia Col- 
lege, he became a member of that institution in the 
spring of 1784. 

The college had just been revived, under the auspi- 
ces of the new Board of Regents of the University, 
and De Witt Clinton was the first student admitted 
under the new order of things.* " I may say, I trust 
without the imputation of egotism," he subsequently 
remarked, " that I was the first student and among the 
first graduates of this our Alma Mater on its revival ; 
and I shall never forget the reverential impression 
made on my youthful mind, by the condescension and 
devotion to education of the great men who, at that 
time, presided over the interests of the University."t 

* The first examination for the admission of students at which the 
Regents of the University were present, was held on the 17th of May, 
1784. f Address to the Alumni of Columbia College, May, 1827. 



CHARACTER AS A STUDENT. 217 

In college Mr. Clinton was faithful and diligent in 
his studies. The great truth, which cannot be too 
often repeated, was early impressed upon his mind, 
" that application is the price to be paid for mental ac- 
quisitions, and that it is as absurd to expect them with- 
out it, as to hope for a harvest when we have not sown 
the seed."* High talents he possessed, indeed, but 
these never, of themselves alone, achieved true great- 
ness for their possessor. Long years of severe study, 
of anxious and earnest thought, are required to com- 
pass this end ; and though the goal be reached at last, 
it is possible, still, to lose the reward. The noblest 
structure of human fame ever r6ared by the skill and 
industry of man will not remain self-supported ; but 
the ceaseless toil that may have aided in its erection, 
must be followed by ceaseless vigilance in its preserva- 
tion, or it will full surely pass away " like the baseless 
fabric of a vision." 

From his boyhood to his grave, De Witt Clinton 
was a careful and laborious student. He wooed 
Science with the ardor of a lover ; and though she re- 
warded his devotion with none of her appropriate 
triumphs, his intellectual character was moulded and 
strengthened while he ministered at her altar. Poesy 
numbered him among her votaries ; and though her 
wreaths of laurel, sprinkled with the dews of Castaly, 
never glistened on his brows, her spell was breathed 
upon him, and a matchless charm and grace imparted 

* Bailey's Essays on the Formation and Publication of Opinions. 
10 



218 DE WITT CLINTON. i^ * 

to his manly eloquence. As a painter examines a thou- 
sand different models, and from each transfers some 
striking feature to his canvass, and blends them all to- 
gether in one harmonious whole ; so he gathered beau- 
ties in every department of knowledge, and while he 
stored his mind with the noble thoughts and precepts 
of philosophy, culled the richest flowers of song to dec- 
orate and adorn it. 

He was not merely correct and punctual in going 
through the routine of his ordinary studies and exer- 
cises. Books were his constant companions through- 
out his whole life. He selected them with great judg- 
ment and care, — choosing such only as were really 
valuable, and leaving those of a different stamp to has- 
ten on, without hindrance or obstruction on his part, 
to that oblivion for which they were destined. He 
loved to hold converse with the mighty dead, and was 
never so happy as when he could summon, like Pros- 
pero his attendant spirits, a thousand shapes of thought, 
types of glorious conceptions, to people the solitude of 
his study. He read not for amusement alone, but for 
profit and instruction. His pen was ever in his hand ; 
his commonplace book lay on the table beside him, and 
from the entries in the latter, it appears that he read 
and made extracts from nearly one hundred different 
works, during the first year of his collegiate course. 

He graduated in 1786, at the head of his class, and 
shortly thereafter commenced the study of the law in 
the office of Samuel Jones, then a prominent lawyer 



COMMENCES STUDY OF THE LAW. 219 

and politician in the city of New York, and subse- 
quently comptroller of the state. 

In June, 1788, the Convention called to consider the 
question of ratifying the constitution of the United 
States, met in Poughkeepsie. " Among the numerous 
citizens assembled at this most interesting and impor- 
tant Convention, and who watched from day to day the 
changing phases of thought and opinion, was De Witt 
Clinton. He was nineteen years of age, and even 
then, w^as commanding in person and dignified in man- 
ners. The late Chancellor Kent once stated to the 
writer that he met De Witt Clinton at that time ; and 
he described his appearance as he recollected it, on 
that first meeting of two young men, both of whom 
were destined to fill such large spaces in the history of 
their native state. The future chancellor had just 
commenced the practice of the law in the village of 
Poughkeepsie, in partnership with Gilbert Livingston, 
who was a member of the Convention, and whose po- 
litical sympathies were with the Clintons. Mr. Kent 
was in favor of the constitution, and was a federalist. 
In such times of political excitement there was not 
that close and confidential intercourse which might 
otherwise have existed between two young and highly- 
gifted men. The visit paid by Mr. Clinton to Mr. 
Kent was formal, but courteous, and the venerable 
chancellor at the age of fourscore spoke with animation 
of the fine personal appearance of the youthful states- 
man ; he remarked that Mr. Clinton even then had a 



220 DE WITT CLINTON. i v, ■ 

hauteur in his manner, which, whether arising from 
pride or from diffidence he did not pretend to decide, 
and which in after Ufe was contrasted strongly with 
the character and bearing of some of his pohtical com- 
petitors."* 

Young Mr. CUnton took a deep interest in the de- 
bates and discussions in the Convention, and commu- 
nicated a report of the speeches and proceedings for 
pubUcation in one of the New York journals. Like 
his father and uncle, although his opinions at that early 
age can hardly be said to have been well considered 
and fully matured, he was opposed to the unconditional 
adoption of the federal constitution ; but when the pro- 
posed amendments were also adopted, with his rela- 
tives, he gave it his hearty assent and support. 

Before he had completed his course of legal study, he 
was solicited by his uncle, George Clinton, to become 
his private secretary. Alexander, the eldest brother 
of De Witt, had previously occupied that place, but it 
was vacated in 1789 by his decease. After some hesi- 
tation, the latter consented to fill the office, and con- 
tinued to discharge its duties till the year 1795, when 
his uncle retired, temporarily, to private life. The 
nephew immediately finished his legal studies, was ad- 
mitted to the bar, and commenced practice in the city 
of New York. 

De Witt Clinton was educated in the republican 
school to which his venerable uncle belonged, and his 
»■ * Campbell's Life and Writings of De Witt Clinton, pp. 27, 28. 



HIS POLITICAL POSITION. %^l 

political opinions- accorded with the instruction which 
he had there received. This is not only true of his 
sentiments when he first entered public life, but equally 
just with reference to his entire career as a politician. 
Whatever may have been his associations in later 
years, he was always a republican in principle. Mr. 
Hammond, indeed, intimates that his political integrity, 
in 1795, or about that time, was not, like the virtue of 
Caesar's wife, wholly above suspicion, but that some of 
the leading federalists in the city of New York, Alex- 
ander Hamilton among the number, entertained the 
opinion that he would ultimately become a federalist.* 
Although this imputation is not supported by any relia- 
ble authority, it might be improper to pronounce it an 
unfounded calumny ; yet, certain it is, that the public 
life, character, and conduct of De Witt Clinton were 
utterly inconsistent with it. True, he numbered 
among his intimate associates the leading men of New 
York belonging to both political parties. In private 
life he did not often stop to inquire whether his com- 
panion was a republican or a federalist. Whenever 
or wherever he discovered genius, talent, or learning, 
his sympathies naturally turned in that direction ; and 
no differences with respect to a political creed, pre- 
vented him from welcoming the fortunate possessor 
to his heart, and ranking him among his friends. This 
was the head and front of his offending ; and none but 

* Political History, vol. i. p. 109. 



222 DE WITT CLINTON, 

a narrow-minded partisan could base a serious charge 
upon a foundation so unsubstantial.* 

Notwithstanding his unquestioned abilities, the man- 
ner of Mr. Clinton was not well calculated to fill his 
office with clients, and he does not appear to have en- 
tered much into the practice of his profession. He 
officiated as secretary to the board of regents of the 
University, and to the board of fortifications in the city 
of New York, while there was a prospect of a war 
with France. 

But his position as the private secretary of his uncle 
had made him acquainted with the leading men in the 
state, and had excited a desire in his bosom to enter 
into the political arena. In 1797, he was elected a 
member of assembly from the city of New York, and 
in the following year was returned as one of the sena- 
tors from the southern district ; being supported, on 
both occasions, by the republican party. In the legis- 
lature he was active and efficient, and able, as he 
was decided, in his opposition to the administration of 
Mr. Jay. In 1801, he was chosen a member of the 
council of appointment, and, with Ambrose Spencer, 
and Robert Roseboom — together constituting a ma- 

* Just as little reliance is to be placed on the assertion of Mr. Ham- 
mond (Political History, voL i. p. 109,) that Mr. Clinton was utterly 
opposed to the proceedings of Mr. Genet, the French minister. The 
latter had many warm personal friends in this country ; none were 
more sincerely attached to him than the Clinton fomily ; and his last 
wife was the first cousin of De Witt Cluitoa 



A MEMBER OF THE LEGISLATURE. 223 

jority of the council — resisted the claims of the gover- 
nor to the exclusive right of nomination. There is a 
common, but expressive saying, that " politics often 
make strange bedfellows." Mr. Clinton, in the ensu- 
ing summer, was elected a delegate to the convention 
called to decide this question, from the county of Kings, 
in which he then resided, and took the same cjround in 
that body which he had previously maintained in the 
council.* It must be conceded that his view of the 
constitution was warranted neither by its letter nor its 
spirit ; and it is said that he afterwards expressed him- 
self to that effect. 

Mr. Clinton continued to be a member of the coun- 
cil after the return of his uncle to the executive chair. 
As such, he approved of the removal of all the more 
important officers belonging to the federal party, and 
the substitution of his political friends in their places. 
He did not favor persecution or proscription for opin- 
ion's sake ; but it was ever a part of his creed, that 
official honors should be bestowed upon the supporters 
of the appointing power, and that those who were op- 
posed should be generally excluded therefrom. Whether 
this principle was right or wrong, correct or incorrect, 
it was honestly adopted and entertained on his part, 
and always openly avowed. 

While a member of the state senate, in 1802, he 
offered a resolution, which was adopted, proposing an 

* Mr. Clinton made the only speech of importance delivered on that 
eide of the question in the Senate. 



224 /.v'; DE WITT CLINTON. ^ 

amendment to the constitution of the United States, 
which provided for the division of each state into single 
districts, each one of which should be entitled to choose 
an elector of president and vice-president, and for the 
designation by every voter, on his ballot, of the candi- 
dates whom he preferred. 

It can scarcely be said that De Witt Clinton served 
any apprenticeship in a political organization ; and to 
this fact may be attributed the commission of many of 
those mistakes which checkered his course. When he 
first entered public life, he took his position in the front 
rank, as one of the leaders of the republican party. 
He contributed essentially to " the great triumph of 
1800 ;" and when General Armstrong resigned his 
seat in the senate of the United States, the general 
sentiment of the republican members of the legislature 
was directed towards him as the fit successor of the 
former incumbent. He was accordingly elected to fill 
the vacancy on the 4th day of February, 1802, and 
soon after took his seat in the distinguished body to 
which he had been transferred. In this new field, 
which demanded talents of a high order if honor or 
distinction was desired, he was equally conspicuous. 
He did not often participate in the discussions that 
took place ; and it was only when subjects of deep 
importance were being considered, that his mind un- 
locked her capacious storehouses, and poured forth its 
eloquent thoughts and enlarged and statesman-like 
views. ", : .,: ,,■ .,,f , , ,. 



DEBATE ON ROSS RESOLUTIONS. 225 

His ablest speech in the senate was made in Feb- 
ruary, 1803, in the debate on the resolutions of Mr. 
Ross, a federal senator from Pennsylvania, authorizing 
and requiring the president to take immediate posses- 
sion of New Orleans, and empowering him to call out 
thirty thousand militia to effect that' object. This 
movement was predicated upon the refusal of Spain to 
permit citizens of the United States to deposit their 
goods at that place, in accordance with treaty stipula- 
tions, and partly, it may be, on the belief that she had 
ceded Louisiana to France from unfriendly motives 
towards the American government. The republican 
friends of Mr. Jefferson regarded this proposition as 
being designed to embarrass the administration ; but, 
irrespective of that consideration, they opposed it, be- 
cause it was calculated, in their opinion, to plunge the 
country unnecessarily, and when she was illy prepared, 
into a war with Spain. 

Mr. Chnton's speech was most able, and he dwelt 
particularly upon this last consideration, and, collateral 
thereto, on the advantages and blessings of peace. He 
deprecated a resort to arms, and depicted the horrors 
of war in glowing colors. The following extracts are 
among the brilliant passages to be found in this speech, 
and to which the colleague of Mr. Clinton,* in a flatter- 
ing compliment uttered during the same debate, ap- 
plied the terms "harmonious periods," "musical tones," 
and " impressive eloquence :" 

* Gouverneur Morris. 

10* 



15 



226 



DE WITT CLINTON. 



" I shall not attempt to occupy your attention by threadbare decla- 
mation upon the evils of war ; by painting the calamities it inflicts upon 
the liapi)ine>,s of individuals, and the prosperity of nations. This ter- 
rible scourge of mankind, worse than fiunine or pestilence, ought not to 
be resorted to until every reasonable expedient has been adopted to 
avert it. AVhcn aggressions have been committed by the sovereign or 
representatives of tlie will of a nation, negotiatiim ought in all cases to 
be tirst tried, unless the rights of self-defence demand a contrary course. 
This is the practice of nations, and is enjoined by tlie unerring monitor 
which the God of nature has planted in every human bosom. What 
right have the rulers of nations to unsheath the sword of destruction, 
and to let loose the demons of desolation upon mankind, whenever ca- 
price or pride, ambition or avarice, shall prescribe ? and are there no 
fixed laws founded in the nature of things which ordain bounds to the 
fell spuit of revenge, the mad fury of domiuation, and the insatiable 
tlurst of cupidity ? Mankind have, not only in their individual charac- 
ter, but in their collective capacity as nations, recognized and avoAved 
in their opinions and actions, a system of laws calculated to produce the 
greatest happiness of the greatest number. And it may be safely as- 
serted, that it is a fundamental article of this code, that a nation ought 
not to go to war until it is evident that the injury committed is highly 
detrimental, and that it emanated from the will of the nation charged 
with tlie aggression, either by an express authorization in the first in- 
stance, or by a recognition of it when called upon for redress, and a re- 
fusal in both cases to give it. A demand of satisfaction ought to pre- 
cede an appeal to arms, even when the injury is manifestly the act of 
the sovereign ; and when it is the act of a private individual, it is not 
imputal)le to liis nation, until its government is called upon to explain 
and redress, and refuses ; because the evils of war are too heavy and 
serious to be incurred without the most urgent necessity ; because re- 
monstrance and negotiation have often recalled an offending nation to a 
sense of justice, and a performance of right ; becax^e nations, like mdi- 
viduals, have their paroxysms of passion, and when reflection and rea- 
son resume their dominion, will extend that redress to the olive-branch 
which their pride will not permit them to grant to the sword ; because 



EXTRACTS. 227 

a nation is a moral person, and as such is not chargeable witli an offence 
committed by others, or where its wiU has not been constilted, the au- 
thorired conduct of individuals being never considered a just ground of 
hostility until their sovereign refuses that reparation for which his right 
of controlling their actions, and of punishing their misconduct, necessa- 
rily renders him responsible. These opinions are sanctioned by the 
most approved elementary writers on the laws of nations. 

******** 

" A vast augmentation of our national debt would be the certain con- 
sequence of this measure. It is a moderate estimate to say, that our 
annual expenditures, over and above oiu* surplus revenue, would be 
twenty millions of dollars ; and we cannot reasonably expect that the 
war would continue a shorter period than five years. Hence one hun- 
dred millions would be added to our debt, and the great experiment 
which we are now trying of extinguishing it in fourteen years would 
certainly fail ; — an experiment which lias been defeated in Europe, by 
war and prodigality ; and for the success of which, in tliis country, 
every friend of republican government looks with the greatest anxiety. 
But this is not all : heavy and oppressive taxation would be necessary, 
in order to pay off the interest of the accimiulating debt, and to meet 
the other exigencies of government. We are now a happy nation in 
this respect. Neither the temper nor the liabits of our citizens will 
patiently submit to severe burdens ; and happily, the posture of our 
financial arrangements does not require them. Give the rein, however, 
to chimerical notions of war ; embrace the proposition now submitted 
to us ; and the weight of your impositions will be felt in every nerve 
and artery of our pohtical system. Excises, taxes on houses and lands, 
will be reintroduced, and the evils of former administrations will be 
multiplied upon us. But the misciiief will not stop here : with the in- 
creasing calls for money from the people, their means to satisfy them 
will be diminished. Tlie superior naval force of the enemy would 
cripple our commerce in every quarter of the globe. Great Britain 
and Spain hold the keys of the Mediterranean : we should therefore be 
entirely sliut out of that sea, unless we could persuade the former to 
unite her exertions with ours. With the decay of our commerce, with 



228 DE WITT CLINTON. 

our exclusion from foreign markets, the labors of our farmers -would be 
palsied ; the skill of our manufacturers would be rendered useless ; and 
■with the fruits of their industry perishing on their hands, or greatly 
undersold, how would they be able to meet the augmented wants of 
government ? What in tlie meantime would become of the claim of 
our merchants upon Spain, fur at least five millions of dollars ? and to 
what perils would your commercial cities be exposed? These certain 
evils would be encountered, without i>roducing the least^ benefit to our 
western brethren. The seizure of Klw Orleans would vest us with a 
place of deposit. But a place of deposit without the free navigation of 
the Mississippi would be entirely useless. As long as the enemy holds 
the country below 'New Orleans, and possesses a superior naval force, 
60 long we will be excluded from the Mississippi. Suppose, however, 
this obstacle removed ; suppose we are enabled to pass into the 
Gulf, without molestation ; is it not necessary for vessels to hug the 
island of Cuba on their passage to the Atlantic states ? and will not 
this expose them to certain captme, as long as Spain retains that im- 
portant possession ? To secure the great object said to be aimed at by 
this resolution, and to establish beyond the reach of annoyance, a free 
communication between the Atlantic and western states, we must seize 
not only New Orleans, but the Floridas and Cuba ; and we must imme- 
diately create a formidable navy. It is needless to mention that the 
Atlantic states are, with few exceptions, the carriers of western pro- 
duce. Three-fourths of that trade is managed by the merchants of the 
state I have the honor to represent. I thei'efore view this measure as 
pregnant with great mischief to the commerce of Atlantic America, and 
as a certain exclusion of the western states from market, as long as the 
wax shall contmue. 

" It is no slight objection in the minds of the sincere friends of repub- 
licanism, that this measure will have a tendency to disadjust the bal- 
ance of our government, by strengthening the hands of the Executive, 
furnishing him with extensive patronage, investing him with great dis- 
cretionary powers, and placing vmder his direction a large standing 
army. It is the inevitable consequence of war in free countries, that 
the power which wields the force will rise above the power that ex- 



EXTRACTS. 



529 



presses the -vrill of the people. Tlie state governments \vill also re- 
ceive a severe shock. Those stately pillars, which support the magni- 
ficent dome of our national government, will totter under the increased 
weight of the supermcumbent pressure. Nor will the waste of morals, 
the spirit of cupidity, the tliirst of blood, and the general profligacy of 
manners, which will follow the introduction of tliis measure, be viewed 
by the great body of our citizens without the most fearful anxiety and 
the most heartfelt deprecation. And if there are any persons in this 
country, and I should regret if tliere aie any such in this house, who 
think that a. public debt is a public blessing, and that heavy taxation 
is expedient in order to produce industry ; who believe that large 
standing armies are essential to maintain the energy, and that extensive 
patronage is indispensable to support the dignity, of government ; who 
suppose that frequent wars are necessary to animate the human charac- 
ter, and to call into action the dormant energies of our nature ; who 
have been expelled from authority and power by the mdignant voice of 
an offended coimtry, and who repine and suffer at the great and unex- 
ampled prosperity wliich this country is rapidly attaining under other 
and better auspices — such men, whoever they are, and wherever they 
be, will rally round the proposition now before us, and will extol it to 
the heavens, as the model of the most profound policy, and as the olT- 
spruig of the most exalted energy. 

" If I were called upon to prescribe a covu-se of policy most impor- 
tant for this country to pursue, it would be to avoid European connec- 
tions and wars. Tlie time must arrive when we will have to contend 
with some of the great powers of Europe ; but let that period be put 
off as long as possible. It is our interest and our duty to cultivate 
peace, with sincerity and good faith. As a young nation, pursuing in- 
dustry in every channel, and adventuring commerce in every sea, it is 
highly important that we should not only have a pacific character, but 
that we should really deserve it. If we manifest an unwarrantable am- 
bition, and a rage for conquest, we unite aU the great powers of 
Europe against us. The security of all the European possessions in our 
vicinity will eternally depend, not upon their strengtli, but upon our 
moderation and justice. Look at the Canadas ; at the Spanish territo- 



230 DE WITT CLINTON. 

ries to the south ; at the British, Spanish, French, Danish, and Dutch 
West India Islands ; at the vast countries to the west, as far as where 
the Pacific rolls its waves. Consider weU the impression which a mani- 
festation of that spirit will make upon those who would be aliected by 
it. If we arc to rush at once into the territory of a neighboring nation, 
with fire and sword, for the misconduct of a subordinate officer, will not 
our national character be greatly injured ? Will we not be classed 
with the robbers and destroyers of mankind ? WiU not the nations of 
Europe perceive in tliis conduct the germ of a lofty spirit, and an en- 
terprising ambition, wliich will level them to the earth, when age has 
matured our strength, and expanded our powers of annoyance — unless 
they combine to cripple us in our infancy ? May not the consequences 
be, that we must look out for a naval force to protect our commerce 
That a close alliance will result. Tliat we will be thrown at once into 
tlie ocean of European politics, where every wave that rolls, and every 
wind that blows, wiU agitate our bark ? Is this a desirable state of 
things ? Will the people of this country be seduced into it by all the 
colorings of rhet.oric and all the arts of sopliistry ; by vehement appeals 
to their pride, and artful addresses to their cupidity ? No, sir. Tbree- 
fourtlis of the American peo]>Ie, I assert it boldly and without fear of 
contradiction, are opposed to this measure. And would you take up 
arms with a millstono hangiug round your neck? How would you 
bear up, not only against the force of the enemy, but against the irre- 
sistible current of public opinion ? The thing, sir, is impossible ; the 
measure is worse than madness : it is wicked, beyond the powers of 
description. *»*♦*«* 

" If negotiation shall prove successful — and of tliis I have no doubt — 
all tlie evils resulting from war will be averted. If, on the contrary, it 
shall eventuate unfortunately, and we shall be compelled to fiice all 
consequences, and risk all dangers in tlie maintenance of our national 
honor and national rights, great and abundant advantages will still re- 
sult from the pursuit of this course ; and we will be enabled to appeal 
to the sword, with a full conviction of the justice of our conduct ; with 
the unanimous suffrage of our country ; and to the perfect satisfaction 
of the world. In the meantime, we can form some necessiu-y prepara- 



APPOINTED MAYOR OF NEW YORK. 231 

tions, and we caa ascertain the feelings and bearings of foreign govern- 
ments. Everj day of procrastination will find us better prepared, and 
will give us more people, more resources, more treasure, more force, 
with less debt. Our national character will stand high for moderation 
and justice ; our own citizens, and foreign nations, will entertain but 
one opinion on the subject ; and we can then confidently appeal to that 
great and good Being, wlio holds in his hands the destiny of nations, to 
smile upon our cause. But, if in the inscrutable decrees of His provi- 
dence it is ordained that we must perish, we wiU at least fall with dig- 
nity, and maintain our character when we lose our existence." 

Mr. Clinton supported, generally, the measures of Mr. 
Jefferson's administration,* and was regarded as one 
of the ablest and most promising, if not the most distin- 
guished champions of the republican party in con- 
gress. When he delivered his sentiments on any ques- 
tion, he was listened to with marked deference and 
respect; there were none of the tricks or devices of the 
demagogue in his speeches, but his views were elevated 
and statesmanlike. His career as a senator, however, 
was soon closed. He remained in the national legis- 
lature but two sessions, and resigned his seat in the 
summer of 1803, in consequence of his receiving the 
appointment of mayor of the city of New York, as the 

* Although Mr. Clinton was very friendly to Mr. Jefferson, it was 
Baid by the opponents of tlie former, (Wood's Exposition of the Clin- 
tonian faction, Newiirk, 1802,) that lie was quite cool to Mr. Madison 
when he first went as a senator to Washington. This was probably 
true. Mr. Clinton, doubtless, entered into the feelings of his uncle, and 
identified himself with his interests. It was nothing strange, therefore, 
if both were jealous of Mr. Madison. 



232 ... DE WITT CLINTON. 

successor of Edward Livingston, then recently ap- 
pointed United States district attorney for the district 
of New York. 

At that time, the mayoralty was a most dignified 
position, and it was sought after by men of the most 
elevated standing and of the highest order of talent. 
The judicial powers annexed to the office were gi'eat, 
and the emoluments so large as to render it very de- 
sirable in a pecuniary point of view. Mr. Clinton ac- 
cepted the appointment without hesitation, and forth- 
with entered upon the new duties devolved on him. 
At first blush, it would seem that this step was a most 
injudicious one, and that Mr. Hammond has properly 
censured Mr. Clinton, whom he declares to have then 
been looking forward to the presidency, for retiring 
from an arena so well fitted to his talents, and where 
their display would have secured him the applause of 
the nation, to take part in the disputes and dissensions 
of opposing factions in the state of New York. Had he 
remained at Washington, it is urged, he would soon 
have become known to the country at large, and ob- 
tained an influence and estabhshed a character as a 
statesman, that would have contributed materially to 
his further advancement.* 

Unquestionably, De Witt Clinton was ambitious. 
Indeed, his desires in this respect — more particularly at 
a later period in life — might justly be considered as in- 
ordinate. Like Wolsey, perhaps, 

* Hammond's Political History, vol. i. p. 197, et seq. 



•-* 



REASONS FOR ACCEPTING THE MAYORALTY. 233 

" He was a man 
Of an unbounded stomach ;" 

yet it is as idle to suppose tliat he then cherished any 
presidential aspirations, except with reference to the 
far-off future, as it is unjust to imply, by such a suppo- 
sition, that he could have been ungrateful to his vener- 
able uncle, his benefactor and friend. A few words 
will present this matter in its true light, and show that 
it was to subserve the political interests of his distin- 
guished relative alone, that he retired from a far more 
honorable position, and accepted the mayoralty of New 
York. It was said by the Clintons and their friends, 
that George Clinton had been defrauded — to use the 
term which they did not hesitate to employ — of the 
nomination for the vice-presidency, in 1800, by Aaron 
Burr. Although they acquiesced in the decision of the 
congressional caucus, and supported the republican 
nominees, they were very willing to avail themselves 
of the course of Mr. Burr, in respect to the contest in 
the house of representatives, in the winter of 1801, 
to prejudice his standing in the republican party. 
George Clinton was avowedly their candidate for the 
succession to the presidency ; and they desired to ele- 
vate him to the position occupied by Mr. Burr, at the 
next election, in order to accomplish the great object 
which they had at heart. 

Mr. Burr had not then committed those indiscretions 
which forever alienated from him the affections of the 
great mass of the republicans in the state and nation ; 



234 DE WITT CLINTON. 

and in 1802 and 1803, the state of New York was 
constantly agitated by the fierce contest between his 
friends and tlie Chnton interest — each striving to gain 
the permanent ascendency, for the purpose of making 
an impression at Washington. It was deemed of par- 
amount importance, therefore, that George CUnton 
should have the voice of his own state, whenever his 
claims were again pressed ; and it was thought to be 
especially necessary, that the city of New York, 
which was the centre of the strife and agitation be- 
tween the Burrites, on the one part, and the Clintons 
and their friends on the other, should have for its ex- 
ecutive head, and highest judicial officer, a person 
who was entirely devoted to the latter interest. 
Without disparaging the eflbrts made in other parts 
of the Union, it may be said, with justice, that that 
great emporium was mainly instrumental in the eleva- 
tion of Thomas Jefferson to the presidency, in 1800. 
How natural was it, then, that a fast friend of George 
Clinton should be selected for its chief magistrate ; — and 
who was better adapted, or more likely to be chosen, 
to fill this important position, than his own nephew, 
De Witt Clinton ? Considerations, such as have been 
mentioned, may not have influenced him in retaining 
this office for so many years, at a later period ; but it 
is impossible to doubt, that he was originally influenced 
by them. And his course, in this respect, so far from 
indicating any want of shrewdness, as has been said, 



ELECTED TO THE STATE SENATE, 235 

when rightly viewed, appears to have been dictated by 
the most powerful motives of political policy. 

Mr. Clinton continued to hold the office of mayor of 
the city of New York, by annual appointment, till the 
winter of 1807, when he was removed by the council, 
consisting of a majority of the friends of Governor 
Lewis, to whom he was then decidedly opposed. In 
the meantime, he had been elected to the state senate, 
in the spring of 1805, by the repubHcans of the south- 
ern district, and was again returned at the April elec- 
tion in 1807. As a member of the legislature, Mr. 
Clinton was distinguished for the advocacy of all meas- 
ures designed to promote the welfare of his fellow- 
citizens in their individual capacities, to further the 
great interests of science and promote the cause of 
education, and to develop the resources of the state 
by the construction of works of internal improvement. 
He was the author or advocate of almost all the bills of 
this character which were introduced, or discussed in 
the senate, while he continued in that body ; and dur- 
ing the sessions of 1809, 1810, and 1811, he brought for- 
ward laws " to prevent kidnapping or the further intro- 
duction of slaves, and to punish those who should treat 
them inhumanly ; for the sujjport of the quarantine 
establishment ; for the encouragement of missionary 
societies ; for the improvement of the public police ; 
for the prevention and punishment of crime ; for per- 
fecting the militia system ; for promoting medical 
science, and for endowing seminaries of education." 



236 • • DE WITT CLINTON. 

In the winter of 1806, Mr Clinton was elected a 
member of the council of appointment. A majority 
of the other members being his particular friends, and 
as an irreconcilable feeling of hostility, originating, 
probably, in mutual jealousy, had sprung up between 
him and Mr. Lewis, who then occupied the chair of 
state, at his suggestion a great many of the supporters 
and adherents of the governor were removed from 
office. The following year saw the Lewisites all- 
powerful in the council, and Mr. Clinton, as he must, 
doubtless, have anticipated, was ousted from the may- 
oralty of New York, in a very natural, if not justifiable, 
spirit of retahation. 

Mr. Clinton did not whine like a school-boy over his 
loss, but determined to carry the war into Africa. He 
was no friend to half-way measures, and in politi- 
cal warfare adopted the motto — " Expedition is equal 
to strength." He went to work vigorously, and at the 
April election in 1807 completely changed the aspect 
of affairs. Mr. Tompkins, the governor elect, was 
nominated through his instrumentality, and he was 
himself triumphantly re-elected as state senator. In 
February, 1808, a new council was chosen, composed 
of his friends, by whom he was promptly restored to 
the office of mayor. In 1810, he was again superseded 
by a federal council, but in the winter of 1811, he was 
once more re-appointed. 

When the Embargo Act, recommended by Mr. Jef- 
ferson, in December, 1807, was first passed, Mr. Clin- 



CANAL COMMISSIONER. 



ton was inclined to oppose it ; and he officiated as 
chairman of a pubUc meeting in the city of New York, 
at which resolutions were adopted disapproving of the 
law. His first impressions must have taken color, and 
derived their character, to some considerable extent, 
from the persons around him, — from the merchants, 
and those who were engaged in commercial pursuits, 
in the city of New York, who thought that the meas- 
ure was calculated seriously to jeopard their interests. 
Subsequently, he reconsidered his opinion, and ac- 
quiesced in the propriety of the embargo. He not 
only defended the policy pursued by Mr. Jefferson, but 
at the session of the legislature in 1809, delivered a 
most violent philippic against the eastern federalists. 

We now come to by far the most important feature 
in the life and career of De Witt Clinton, — his connec- 
tion with the internal improvements, and more particu- 
larly the canal system, of New York. In the winter 
of 1810, a joint resolution was offered in the New York 
senate, by Jonas Piatt, appointing Gouverneur Morris, 
De Witt Clinton, Stephen Van Rensselaer, Simeon De 
Witt, William North, Thomas Eddy, and Peter B. 
Porter, commissioners to explore the whole route for 
inland navigation, from the Hudson river to Lake On- 
tario and Lake Erie. At this session, also, a number 
of memorials were presented, showing that a great pro- 
portion of the internal trade of the state was being di- 
verted to Canada, on account of the natural facilities 
for water communication afforded in that direction, 



238 DE WITT CLINTON. 

and urging the importance of adopting measures to 
counteract such diversion. Through the representa- 
tions of Mr. Piatt and Mr. Eddy — the latter of whom 
had suggested the introduction of the resolution before 
mentioned — De Witt Clinton was induced to turn his 
attention to the subject of constructing a canal from 
the Hudson to the lakes ; and once having examined 
it, from that moment he became warmly enlisted in its 
favor. 

The resolution of Mr. Piatt was adopted, and in the 
following summer the commissioners made a careful 
examination and reconnaissance of the valley of the 
Mohawk and of western New York. Mr. Clinton 
kept a journal during his tour, in which he carefully 
and minutely noted down his observations. This has 
been recently published by Mr. Campbell, in his Life 
and Writings of De Witt Clinton. It has already an 
antiquarian value, and no one at least interested in the 
history of that portion of the state which its author 
traversed, can be otherwise than interested in its pe- 
rusal. 

Personal examination of the ground, and inspection 
of the water-courses between the Hudson and the lakes, 
convinced Mr. Clinton and his associates of the prac- 
ticability of the projected enterprise. Their conclusions 
were submitted to the legislature of the state, in a re- 
port drawn up by Mr. Morris, and presented at the 
session of 1811. They estimated the cost of the con- 
templated work at five millions of dollars, and recom- 



SERVICES AS CANAL COMMISSIONER. 239 

mended that its construction should be offered to the 
general government. The legislature shortly after- 
guards passed a law, prepared by Mr. Clinton and sup- 
ported by him and Mr. Piatt with great earnestness, 
authorizing the commissioners appointed at the previ- 
ous session, with Robert Fulton and Robert R. Living- 
ston, to consider all matters relative to the inland navi- 
gation of the state ; to make application to the general 
government, and to any of the states or territories, for 
aid or co-operation ; to accept of donations from indi- 
dividuals or companies ; and to ascertain on what 
terms loans could be obtained, and at what price the 
rights of the Western Inland Lock Navigation Com- 
pany could be purchased. De Witt Clinton and 
Gouverneur Morris were subsequently appointed by 
the board a sub-committee to visit Washington. They 
repaired thither, and laid the whole subject before the 
president, the heads of departments, and the leading 
and most influential members of congress of both po- 
litical parties. They failed to obtain any assistance, 
however, and were not flattered even with the hope of 
future encouragement. Consequently, they returned 
home to acquaint the legislature which had appointed 
them, of their ill-success. 

By reason of his partial opposition to the Embargo 
Act, Mr. Clinton had temporarily lost caste with the 
republicans of New York ; but his subsequent approval 
of that measure restored him, to favor, and he con- 
tinued thereafter to be regarded as the great leader and 



240 • DE WITT CLINTON. 

head of the party. At the legislative caucus, in the 
winter of 1810, at which Daniel D. Tompkins was 
nominated for re-election, he was particularly active, 
and prepared the address, recommending the support 
of the candidates nominated, which was adopted on 
that occasion. In the month of August of the same 
year, the office of lieutenant-governor became vacant, 
by the death of John Broome, the incumbent ; and at 
the ensuing session of the legislature, a special act was 
passed, authorizing the vacancy to be filled. Mr. 
Clinton now had everything in his own way, and he 
had but to express a wish for a nomination, when it 
was immediately gratified. 

He was nominated with almost entire unanimity, by 
the republican legislative caucus, as their candidate 
for lieutenant-governor, and was duly chosen to that 
office, at the April election in 1811, by a large ma- 
jority over Nicholas Fish, the opposing federal candi- 
date. In the city of New York, and in some of the 
adjacent counties, a third ticket, on which was placed 
the name of Marinus Willett, was supported by the 
Lewisite opponents of Mr. Clinton ; but it received a 
comparatively small number of votes. 

In December, 1811, Mr. Clinton read, before the 
New York Historical Society, upon their invitation, an 
address, on the origin, history, and character of the 
Iroquois, or Six Nations. This is one of the ablest and 
most elaborate productions that ever emanated from his 
pen. The whole discourse should be read, in order to 



ADDRESS ON THE IROaUOIS. 241 

appreciate it as it deserves ; but the subjoined extract 
may serve to give some idea of its excellence : — 

" From the Genesee river to Lewiston, on the Niagara river, there is 
a remarkable ridge or elevation of land, running almost the whole dis- 
tance, -which is seventy-eight miles, and in a direction from east to west. 
Its general altitude above the neighboring land is thirty feet, and its 
width varies considerably : in some places it is not more than forty 
yards. Its elevation above the level of Lake Ontario is perhaps one 
hundi-ed and sixty feet, to which it descends by a gradual sloj^e ; and 
its distance from that water is between six and ten miles. This re- 
markable strip of land would appear as if intended by natm-e for the 
purpose of an easy communication. It is, in fact, a stupendous natiu'al 
tm'npike, descending gently on each side, and covered with gravel ; and 
but Uttle labor is requisite to make it the best road in the United States, 
When the forests between it and the lake are cleared, the prospects 
and scenery wliich will be afforded from a tour on this route to the 
cataract of Niagara, will surpass all competition for sublimity and 
beauty, variety and number. 

" There is every reason to believe, that this remarkable ridge was the 
ancient boundary of this great lake. The gravel with wliich it is cov- 
ered was deposited there by the waters ; and the stones everywhere 
indicate, by then: shape, the abrasion and agitation produced by that 
element. All along the borders of the western rivers and lakes, there 
are small mounds or heaps of gravel, of a conical form, erected by the 
fish for the protection of their spawn ; these fish-banks are found in a 
state that cannot be mistaken, at the foot of the ridge, on the side to- 
wards the lake ; on the opposite side none have been discovered. All 
rivers and streams which enter the lake from the south, have their 
mouths affected with sand in a peculiar way, from the prevalence and 
power of the north-westerly winds. The points of the creeks Avhich 
pass through this ridge, correspond exactly in appearance with tlie en- 
trance of the streams into the lakes. These facts evince, beyond doubt, 
that Lake Ontario has, perhaps one or two thousand years ago, receded 
from this elevated ground. And the cause of this retreat must be as- 

11 



16 



342 DE WITT CLINTON. 

cribed to its havingr enlarged iU former outlet, or to its imprisoned 
waters (aided, probably, by an earthquake,) forcing a passage down the 
present bed of the St. Lawrence ; as the Hudson did at the Highlands, 
and tlie Mohawk at the Little Falls. On the south side of this great 
I'idge, its vicinity, and in all directions through tliis country, the remains 
of numerous forts are to be seen ; but on the north side, that is, on the 
side t<iwa]-d the lake, not a single one has been discovered, although the 
whole ground has been carefully explored. Considering the distance to 
be, say seventy miles in length, and eight in breadth, and that the bor- 
der of the lake is the very place that would be selected for habitation, 
and consequently for works of defence, on account of the facilities it 
would afford for subsistence, for safety, for all domestic accommodations 
and miUtary purposes ; and that on the south shores of Lake Erie these 
ancient fortresses exist in great number ; there can be no doubt but 
that these works were erected, when this ridge was the southern boun- 
dary of Lake Ontario, and, consequently, that their origin must be 
sought in a very remote age. 

" A great part of North America was then inliabited by populous 
nations, who had made considerable advance in civilization. These nu- 
merous works could never have been suppUed with provisions, without 
the aid of agricultui'e. Nor could they have been constructed without 
the use of iron or copper ; and without a perseverance, labor, and de- 
sign, which demonstrate considerable progress ui the arts of civihzed 
Cfe. A learned writer has said, ' I perceive no reason why the Asiatic 
North might not be an officina mrorwn, as well as the European. The 
over-teeming country to the east of the Riphtean mountains, must find 
it necessary to discharge its inhabitants. The first great wave of 
people was forced forward by the next to it, more tumid and more 
powerful than itself : successive and new impulses continually arriving, 
short rest was given to that which spread over a more eastern tract ; 
disturbed again and again, it covered fresh regions. At length, reach- 
ing the fartliest limit^s of the old world, it found a new one, with ample 
space to occupy, unmolested, for ages.'* After the north of Asia had 



* Pennimfs Arctic Zoology, vol. i. p. 260. 



EXTRACT. 243 

thus exhausted its exuberant population by such a great migration, it 
would require a very long period of time to produce a co-operation of 
causes, sufficient to effect anotlier. The first mighty stream of people 
that flowed into America, must have remained free from external pres- 
sure for ages. Availing themselves of this period of tranquillity, they 
would devote themselves to the arts of peace, make rapid progress in 
civilization, and acquii-e an iumiense population. In course of time, dis- 
cord and war would rage among them, and compel the establishment 
of places of security. At last, they became alarmed by the irruption 
of a horde of barbarians, who rushed Uke an overwhelming flood from 
the north of Asia, — 

A multitude, like which the popxdous north 
Pour'd never from her frozen loins, to puss 
Bhene or the Danaw, when her barb'rous sons 
Came like a deluge on the south, and spread 
Beneath Gibraltar to the Lybiau sands.* 

" The great law of self-preservation compelled them to stand on their 
defence, to resist these rutliless invaders, and to construct numerous 
and extensive works for protection. And for a long series of yeai"s the 
scale of victory was suspended in doubt, and they tirmly withstood the 
torrent : but like the Romans, in the decline of theu" empu'e, they were 
finally worn down and destroyed by successive inroads and renewed 
attacks. And the fortifications of which we have treated are the only 
remaining monuments of these ancient and exterminated nations. This 
is, perhaps, the airy notliiiig of imagination, and may be reckoned the 
extravagant di-eam of a visionary mind : but may we not, considering 
lie wonderful events of the past and present times, and the inscrutable 
dispensations of an over-ruling Providence, may we not look forward 
into futurity, and without departing from the rigid laws of probability, 
predict the occurrence of similar scenes, at some remote period of time. 
And, perliaps, in die decrepitude of our empire, some transcendent 
genius, whose powers of mind shall only be boiuided by that impene- 



244 DE WITT CLINTON. 

trable circle which prescribes the limits of human nature,* may rally 
the barbarous nations of Asia under the standard of a mighty empire 
following the track of tlie Russian colonies and commerce toward the 
north-west coast, and availing himself of the navigation, arms, and 
miUtary skill of civilized nations, he may, after subverting the neigh- 
boring despotisms of the old world, bend his course toward European 
America. The destinies of our country may tlien be decided on the 
waters of the Missouri, or the banlc ^ of Lake Superior. And if Asia 
shall then revenge upon our posterity tlie injuries we have inflicted on 
her sons, a new, a long, and a gloomy night of Gothic darkness will 
set in upon mankind. And when, after tlic efflux of ages, the returning 
effulgence of intellectual light shall again gladden the nations, then 
the wide-spread ruins of our cloud- capp'd towers, of our solemn 
temples, and of our magnificent cities, will, like the works of which 
we have treated, become the subject of curious research and elaborate 
investigation." 

Since the address, from which the foregoing extract 
is taken, was deUvered, the examinations made by 
Squier, Davis, and others, the geological survey of 
this state, and the learning and philosophical investi- 
gation of Schoolcraft and Gallatin, have added a great 
deal to our stock of knowledge respecting the ancient 
proprietors of the land which we inhabit ; yet eth- 
nology, so far as it concerns the American aborigines 
even, is still a conjectural science. Many of the spec- 
ulations of Mr. Clinton have been shown to be errone- 
ous, though others seem to be confirmed by irrefragable 
testimony ; nevertheless, the early history of the coun- 
try, in great part, remains involved in the mists of ob- 
scurity. Here and there are glimpses of sunlight, but 

* Roscoe's Lorenzo de Medici, p. 241. 



THE CLINTONS AND LIVINGSTONS. 245 

they merely serve to render the surrounding darkness 
deeper and more palpable. 

We now approach the turning point in the political 
fortunes of Mr. Clinton, the crisis of a career more bril- 
liant in its promise and in its deserts, than in its results; 
for, viewed in his character as a politician, his nomina- 
tion for the presidency in opposition to Mr. Madison, 
was the great error of his life. Though he afterward 
rose to higher stations than he had yet filled, and en- 
joyed, at intervals, a much larger share of popular fa- 
vor ; it was rather as a public benefactor, than as the 
leader of a political party, that he was thus honored, 
and his popularity was more confined to the state and 
less national. 

As has been seen, the rival families of the Clintons 
and the Livingstons, for a long time gave character to 
the politics of New York. Though their contests were 
not as bloody as those of the Montagues and Capulets, 
they were often marked, considering the age, by equal 
virulence and animosity. Both Mr. Jefferson and Mr. 
Madison, it would seem, were more friendly to the 
Livingstons than to the Clintons ; the former, prob- 
ably, because of his long intimacy and acquaintance 
with the chancellor, and the latter, for the reason, 
that the Clintons were originally ultra anti-federalists, 
and, as such, had zealously opposed the adoption of 
the federal constitution, of which he had been justly 
termed the father. It may'well be also, that Mr. Mad- 
ison was influenced, to some extent, by jealousy of 



240 ' DE WITT CLINTON. ' ' '^ 

the popularity of the Clintons in New York — for poli- 
ticians are no more exempt, perhaps less so, from such 
feelings, than other men ; and that he hoped, by favor- 
ing the Livingstons, to keep up the hostility that ex- 
isted between the two factions of the dominant party 
in so important a state, and thus his own political for- 
tunes would be made more secure. 

Whatever may have been the cause, it is certain 
that the Clinton family were never very warm in their 
attachment to Mr. Madison, and after the selection of 
the latter, in 1808, as the republican candidate for the 
presidency in preference to George Clinton, the com- 
mon danger, — for the federalists were still a powerful 
party, — alone prevented a rupture. When New York 
came to choose her electors in November of that year, 
the family and intimate friends of George Clinton de- 
sired that such persons should be chosen as would give 
the vote of the state to him for president ; not with 
a hope of securing his election to that high office, but, 
more probably, in order to show what was thought to 
be a proper resentment. Their counsels did not pre- 
vail, however, and electors were chosen without re- 
gard to their particular preferences, some of whom 
gave their votes to Mr. Clinton, when they saw it would 
not affect the general result. 

In his appointments to office, Mr. Madison favored 
the opponents of the Clinton interest, and the breach 
between them, though yet only of a personal rather 
than of a political character, gradually became wider 



FEELINGS TOWARD MR. MADISON. 247 

and wider. De Witt Clinton warmly resented the al- 
leged injustice which had been done to his uncle, and 
openly censured " the Virginia Dynasty," as he termed 
the confidential friends of Mr. Madison. He, in turn, 
was attacked by the administration papers in Virginia 
and at the capital ; and when, upon the death of his 
uncle, his high standing and talents placed him at the 
head of the faction to which he belonged — a position 
that he had before practically occupied — his course 
and conduct were criticised in no friendly manner by 
the especial favorites and adherents of the president. 
That lie may have given cause for this harshness, is 
quite probable ; he was ardent in his resentments as in 
his friendships, and he did not stop to select the mildest 
terms when expressing his feelings of indignation. 

The opposition to Mr. Clinton in the republican 
party, had its origin and centre mainly in the city of 
New York. Here were a majority of those holding 
the more prominent offices in the state under the gene- 
ral government, and their influence, from being un- 
friendly, became decidedly hostile, to him. There 
were, also, leading republicans in other sections of the 
state among the warmest of his opponents ; yet up to 
the time of which we are speaking, he, if any one, was 
the leader and head of the party, and his voice and his 
wishes were regarded, above all others, in the council 
of appointment, during the earlier years of Governor 
Tompkins' administration. Mr. Clinton was unable, 
indeed, to attach the governor to his interest ; but the 



248 • - DE WITT CLINTON. 

latter, though opposed to his nomination as lieutenant- 
governor, dared not take ground against him. Coin- 
ciding in sentiment with Governor Tompkins, though 
more open in the expression of their hostility, were 
Morgan Lewis, the late governor, Nathan ^anford, and 
the Livingston family. 

Mr. Clinton himself was not without able friends and 
supporters. Prominent among them was Judge Spen- 
cer, ever since 1798 his "Jidus Achates," and now in- 
timately connected with him by marriage.* The 
Judge had considerable of the hauteur of Mr. Clinton, 
and, like him, was loth to recognize the right of the 
rank and file of the party to criticise his plans, or to 
differ with him in opinion ; but he possessed far more 
shrewdness as a politician than his friend, was better 
schooled in the study of hunmn nature, and easier in 
his manners and more courteous in his address. He 
was always a warm friend, but a most bitter enemy ; 
and as he advanced in years, the equability of his tem- 
perament was much more easily disturbed. His high 
talents commanded general respect and admiration, 
and his ability and impartiality on the bench were com- 
mended by every one. At one period, too, he stood 
second only to De Witt Clinton in the estimation of 
the republican party of New York, and after the presi- 
dential canvass of 1812, up to the year 1816, he was the 
acknowledged leader of the Madisonian republicans. 

Mr. Hammond, in his Political History, has repeat- 

* The second wife of Jiulge Spencer was a sister of De Witt Clinton. 



JUDGE SPENCER. 249 

edly charged Judge Spencer with behig actuated by 
improper or corrupt motives, in his course as a poH- 
tician.* These charges, it is ahnost needless to say, 
are both ungenerous and unjust. Judge Spencer was 
a warm partisan, but few politicians had a higher 
sense of honor than himself. He was, indeed, intoler- 
ant and overbearing, but these feelings were oftener 
manifested toward those who disagreed with him in his 
own party than toward his and their political oppo- 
nents. He could not look with complacency on the 
voung men who claimed, or whose friends claimed for 
them, an equal standing in the party, and when forced 
to come in competition with them, he withdrew from 
the contest. In his retirement he could not forget his 
disappointments, and his language, when alluding to 
those who had crossed his purposes, was sometimes as 
bitter as the venom of the serpent. Aristocratic in his 
nature, he could not sympathize with the progressive- 
ism of the day ; and while cautious and far-seeing men 
regarded its vagaries with regret, he viewed them with 
abhorrence. Yet, aside from his talents, and the 
charms of his conversation, enriched as they were with 
the experience and the acquirements of half a century, 
he possessed many attractive and kindly qualities ; his 
motives were as honest as those of any of his political 
cotemporaries, and purity and blamelessness of hfe 
were crowning glories in his character. 

* Vol. i. pp. 182, 307, 332, et al.— See, also, Defence of Judge 
Spencer, 1843. 

11* 



250 DE WITT CLINTON. 

In Judge Spencer, Mr. Clinton found a most efficient 
coadjutor, and when acting together, they were all- 
powerful in the state of New York. But the latter 
had an unusual share of self-confidence, notwithstand- 
ing his diffidence of manner ; that is, he did not place 
a very high estimate on the opinions of his friends when 
conflicting with his own. He was not formed to be 
led or influenced : if their advice pleased him, it was 
well enough, but if disagreeable, he was inclined to 
suspect their fidelity, though there really existed no 
cause for the suspicion. 

De Witt Clinton was no tactician ; he knew but 
little of the strategy of political warfare ; and he 
affected to treat with contempt — and, perhaps, the feel- 
ing was often genuine — the eflbrts of his personal ene- 
mies to weaken his influence and undermine his popu- 
larity. He underrated equally their importance, and 
the importance of securing or strengthening his posi- 
tion. The Livingston interest, now represented by 
Ex-Governor Lewis, and the Martling men, or Madi- 
sonian republicans in the city of New York, — at the 
head of whom was the father-in-law of Governor 
Tompkins, — were constantly at work to destroy him as 
a public man ; but he seemed for a long time to be in- 
different to their movements. While he dispensed the 
official patronage of the state, this mattered little ; but 
as Governor Tompkins grew stronger in the affections 
of his party, he began to be regarded more and more 
as the appointing power, until at length he supplanted 



POLITICAL COURSE. 251 

Mr. Clinton almost entirely in this respect. The elec- 
tion of the latter to the office of lieutenant-governor, 
though it brought him no power, kept him conspicu- 
ously before the public, and afforded him the oppor- 
tunity of mingling and associating with their repre- 
sentatives at the seat of government, without being 
suspected of having any ulterior designs in contempla- 
tion ; yet, after all, it did not restore him to the van- 
tage-ground he had once occupied. This was lost 
when Mr. Tompkins was elected governor ; for Mr. 
Clinton, doubtless, supposed that the former would be 
willing to consult his interests and to further his aspira- 
tions. In this he was mistaken. That gentleman had 
no sooner been inaugurated, than it became evident 
he was not the man to be put in leading strings. He 
at once set up for himself; the influence of the gene- 
ral administration was exerted in his behalf; and it 
required the most powerful efforts of Mr. Clinton, 
when fully awakened to a sense of his danger, to 
maintain himself in anything like a respectable posi- 
tion in regard to popularity. 

It will be remembered, that Mr. Clinton was at first 
opposed to the embargo act. He was not at all in- 
clined to favor the restrictive policy of JefTerson and 
Madison, and especially for the reason, that it operated 
with peculiar severity upon the commercial classes in 
the middle and eastern states. Other prominent and 
influential republicans — those, too, who enjoyed the 
confidence of both those eminent statesmen — took the 



252 DE WITT CLINTON. 

same ground with Mr. Clinton. But while they were 
respected for their independence, he was charged, with 
opposing the administration merely for the sake of op- 
position. Further reflection convinced him that, harsh 
and oppressive as was the I'estrictive policy in some 
instances, it was absolutely necessary ; and in January, 
1809, he offered his resolutions in the state senate, ap- 
proving of the measures of the national administra- 
tion, and supported them in an able speech. 

It has been intimated, that this movement on the 
part of Mr. CUnton was made in the hope, or with the 
expectation, that it would bring about the desired en- 
tente cordiale between him and the friends of Mr. 
Madison. This is not probable. On the contrary, it 
must have been his chief object to set himself right 
with the mass of the party. Among his personal 
friends were Gouverneur Morris, Stephen Van Rensse- 
laer, and Samuel Jones, all leading federalists. He 
never took any pains to conceal his intimacy with 
them, or with others of similar political sentiments, 
many of whom there were, that he admitted to his 
friendship ; and his enemies predicated upon it the 
plausible charge, that he was coquetting with the fede- 
ralists. 

But political considerations had very little to do with 
his private friendships — if anything, too little for his 
success in public life. He was supported for the presi- 
dency, it is true, in 1812, by the federal party, but he 
never adopted their political creed. No matter who 



OPPOSITION OP MARTLING MEN. 253 

gave him their votes — what men or what party — he 
was none the less a republican. As such he lived, and 
as such he died. It was natural that he should wish to 
disabuse his republican friends, of the opinions unfa- 
vorable to his integrity as a politician, which had been 
widely spread through the instrumentality of the Mart- 
ling men. This he attempted to do by his speech and 
resolutions. In the former, perhaps, he went farther 
than was necessary, for he attacked the federalists with 
great asperity. He charged them with plotting the 
dissolution and overthrow of the Union, with opposing 
the measures of the administration, both to render it 
unpopular and the government odious. He averred 
that, so long as they were unable to wield the power 
of which they had been deprived, and to control the 
destinies of the country, they preferred its ruin; and 
he closed his eloquent, but scorching denunciations, 
with declaring that, like the apostate angel, they had 
rather " reign in hell, than serve in heaven." 

The speech of Mr. Clinton drew upon him the fier- 
cest fire of the federal leaders in the legislature, and 
when once attacked, the sympathies of his own party 
were generally aroused in his favor. But it seemed as 
if he could do nothing that would satisfy the leaders 
of the faction opposed to him. His approbation of the 
policy of the administration had been declared in the 
strongest terms ; yet that did not content them, and he 
was charged with being secretly hostile to lilr. Madison. 
After his frank and decided avowal of his sentiments 



254 DE WITT CLINTON. 

in 1809, his friends seemed to gather new courage, and 
to increase in numbers. In the southern district, where 
he resided, they were much more numerous than the 
opposing faction, and in other districts their preponder- 
ance was still greater. 

But what the Martling men lacked in numbers they 
made up in zeal. Their attacks were not only not in- 
termitted, but they were continued with even greater 
earnestness. All throughout the years 1810 and 1811, 
they were exceedingly active and bitter in their oppo- 
sition. They did everything that was possible to pre- 
vent his nomination for lieutenant-governor, and sub- 
sequently labored, though in vain, to defeat his election 
at the polls. Every act of his was misrepresented, and 
if he took the pains at any time to avow his motives, 
for fear of misconstruction, they were sure to be stig- 
matized as false and deceitful. When he engaged in 
the canal project, it was said that his only object was 
popularity, and when he visited Washington, in 1811, 
to secure the assistance of the general government, it 
was openly charged that he had gone on an election- 
eering tour. 

Meanwhile, Mr. Clinton was not altogether idle nor 
indifferent to the movements of his opponents. Some- 
times he turned boldly upon them, and poured out his 
volleys of indignation ; but he soon relapsed again into 
his accustomed indifference ; and while buried in the 
solitude of his study, enjoying those hours of relaxation 
from worldly cares, which so delighted his heart, his 



AMBITIOUS HOPES. 255 

enemies were constantly upon his track. Calumny 
always flourishes by what it feeds on ; like the gnaw- 
ing tooth of time, its effects may long remain invisible, 
but sooner or later, the most spotless reputation will be 
injured, if not destroyed. Mr. Clinton was not invul- 
nerable. He often invited attack by his overbearing 
manner, and his untimely denunciations. He lacked 
caution in speech and in action. He was intolerant 
and exacting, also, and unnecessarily alienated from 
himself many friends whose services he needed. 

Long before the presidential canvass of 1812, it was 
said by the enemies of Mr. Clinton that his aspirations 
were raised to the highest office in the gift of the 
American people. If such was his ambition, it was no 
"grievous fault," but in every way worthy of one 
whose character and talents fitted him to adorn any 
station. But it is a mistake to suppose, as Mr. Ham- 
mond repeatedly intimates in his Political History, that 
the hopes of Mr. Clinton were so early fixed upon the 
presidency, except as something that might be attained 
at a distant day. During the administration of Mr- 
Jefferson, the efforts of himself and of his friends were 
directed to the elevation of his uncle to the presidential 
chair; and these eff'orts were never intermitted till 
shortly before the death of the elder Clinton, and when 
his advanced age, and consequent infirmities, admon- 
ished them that his political career, with his life, was 
rapidly drawing to a close. 

It was nothing strange that De Witt Clinton should 



256 DE WITT CLINTON. 

have become impressed with the conviction, that the 
mantle of his beloved and distinguished relative would 
most appropriately fall upon his shoulders, and that he 
should inherit the claims of the latter, certainly not 
altogether unfounded, to the presidential office. But 
he was yet a very young man, having just passed his 
fortieth year, and he could have afforded to wait in 
patience, till the times seemed more favorable for 
urging those claims. This he would probably have 
done — for it was surely the dictate of sound policy — 
but in the exasperated state of his feelings, he remem- 
bered only his personal grievances. He stood well be- 
fore the republicans of the Union, and was the idol of 
the great majority of the party in his own state. He 
ought not lightly to have hazarded these advantages. 
As respected his political fortunes, it was a grave error 
to distract and divide the party at so momentous a 
crisis. But he and his friends thought, that the man- 
ner in which he had been treated by the confidential 
adherents of Mr. Madison, released them from all obli- 
gation to continue their support of that gentleman ; 
and that they were justified, from personal motives, in 
opposing his renomination, and attempting to substi- 
tute another republican, Mr. Clinton himself, in his 
place. 

In the winter of 1811-12, the friends of Mr. Clinton 
began first to urge his name seriously in connection 
with the presidency, and to avow their intentions to 
substitute him, if possible, for the then incumbent. 



AMBITIOUS HOPES. 257 

The time, and the political condition of the country, 
did not seem altogether unfavorable. A quite general 
feeling of dissatisfaction with the foreign policy of the 
administration pervaded the republican party. Tt was 
thought that Mr. Madison was too timid, and lacked 
energy and decision. The friends of Mr. Clinton took 
advantage of this feeling, and they pointed to his well- 
known character for firmness, nerve, and intrepidity, 
as affording the assurance that he would pursue no 
temporizing course if he were at the head of affairs. 
Mr. IngersoU, a warm and devoted friend of Madison, 
does full justice to Mr. Clinton in this respect. " If 
De Witt Clinton," he says, " had superseded Madison, 
by the presidential election of 1812, it is no disparage- 
ment of either to say, that the tone of executive ac- 
tion would have been much more imposing." * Mr. 
Clinton had none of the constitutional timidity of 
Madison ; he would have cheerfully taken upon him- 
self responsibilities which the other was afraid to as- 
sume ; he would not have been over fearful of tran- 
scending his powers, but in peace or in war, his policy 
would have been bold, prompt and energetic, and cal- 
culated either to command, or to enforce respect. 

It was originally the intention of Mr. Clinton's 
friends to procure a nomination of their favorite for 
the presidency, at the winter session of the legislature 
in 1812, and before the Congressional Caucus was 
held. This was prevented by the agitation of the 

* History of the War of 1812, vol. L p. 69. 



17 



258 DE WITT CLINTON. 

question of incorporating the Bank of America. Mr. 
Clinton himself was opposed to the incorporation, but 
among its advocates were many of his most zealous 
friends. Their support was not in some respects very 
desirable, for it was accompanied with extreme servil- 
ity and the most fulsome adulation ; but he was much 
too fond of flattery, and, while they sounded his 
praises, though he did not admit them to his confi- 
dence, he shared with them his purse. Not, that he 
paid them for their flatteries ; but as they were mostly 
men of " battered and bankrupt fortunes," he allowed 
them the use of his name to procure banking accom- 
modations, and in this way ultimately ruined himself 
in a pecuniary point of view. 

At the session of 1812, this class of men were actively 
employed in electioneering both for Mr. Clinton and the 
bank. Many of his friends, among them Judge Spencer 
and Judge Tayler, urged him to take a decided stand 
with them against the incorporation. A most excited 
state of feeling was produced throughout the whole 
state, and in several counties public meetings were held 
at which the bank and its advocates were denounced 
in the strongest language. There were few prominent 
politicians, but committed themselves positively, either 
one way or the other. Mr. Clinton, notwithstanding 
his own convictions were adverse to the incorporation, 
refused to quarrel with those friends who were in favor 
of it, and this refusal led to a rupture between himself 
and Judge Spencer. 



NOMINATION FOR THE PRESIDENCY. 259 

It must not be supposed that all the advocates of the 
bank were friendly to Mr. Clinton. This might readily 
be inferred from Mr. Hammond's history, but nothing 
could be more erroneous. The bank had no more 
steadfast friends than the Livingston family ; and Mor- 
gan Lewis, and Edward P. Livingston, both members 
of the Senate, voted in favor of the act of incorpo- 
ration. 

Early in the winter, a private meeting of the friends 
of Mr. Clinton, — or rather of all the prominent repub- 
licans in the state, except the Martling men, now 
known as the Tammany party, — was held at Albany, 
to consult upon the propriety of bringing him forward 
for the presidency. This movement was avowed to 
be in opposition to Mr. Madison, and it was pretty 
broadly intimated that their hopes of success were 
founded, in great part, upon the aid they expected from 
the federalists. Many of the republicans from the in- 
terior were alarmed at this. Ambrose Spencer, Eras- 
tus Root, John Tayler, and Enos T. Throop, with 
Governor Tompkins, earnestly opposed the movement ; 
and those of them who were really anxious to pro- 
mote the political advancement of Mr. Clinton, en- 
treated that he should not be placed in a position that 
would forever mar his prospects ; for it was certain he 
could not carry with him the republican party out of 
New York, and if he failed in that, as he must inevita- 
bly fail, their good wishes would be so far alienated 
from him that they could never be regained. It could 



260 " ' DE WITT CLINTON. ' 

not be disguised, that tiie whole proceeding was irregu- 
lar ; and it was idle to suppose that a nomination by 
the republicans in the New^ York legislature would be 
followed by a nomination in the Congressional Caucus. 
Others, who had taken decided ground against the 
bank, objected, to use the language of a cotemporary 
of Mr. Clinton, in a letter to the author, that "the 
body-guard of Clinton was tainted with the odor of the 
bank." The bank men, on the other hand, who were 
in favor of his nomination, desired that the charter 
should first be acted on, in order that they might se- 
cure votes for that measure from the more zealous 
friends of Mr. Clinton, by threatening to oppose him. 

There being such a want of harmony at this infor- 
mal caucus, nothing was immediately done toward 
procuring a legislative nomination, and in March the 
session was abruptly terminated, by the prorogation of 
the legislature for sixty days, by Governor Tompkins. 
During the vacation, and on the 18th of May, Mr. 
Madison was unanimously nominated for reelection, 
at a caucus of the republican members of Congress. 
In his last annual message the president had assumed 
a bolder tone, and recommended that the country 
should be placed in a condition of defence. Congress 
had adopted his suggestions, and he had now regained 
that place in the estimation of the party which he had 
nearly forfeited by his timidity. Mr. Clinton's adhe- 
rents alone remained aloof. Gideon Granger, the post- 
master-general, Obadiah German of the Senate, and 



PRESIDENTIAL CANVASS. 261 

Pierre Van Cortlandt of the House, represented Mr. 
Clinton at Washington, and they had previously writ- 
ten home to their friends, advising and urgmg his 
immediate nomination. 

Mr. Clinton needed nothing to heighten the ardor 
of his ambition, and no suggestions of his more cau- 
tious and disinterested friends were listened to, in op- 
position to the advice received from Washington. His 
old friend. Judge Spencer, was now estranged from 
him, and he listened alone to the counsels of the fiery 
and ambitious spirits by whom he was surrounded. 
He not only consented that the nomination should be 
made, but, by his conduct and manner, showed that 
his heart was fully set upon it ; and those republicans 
who still claimed the right to doubt its propriety, soon 
found that they had incurred his lasting displeasure. 

Mr. Clinton was formally nominated for the presi- 
dency at a legislative caucus, held on the 29th of May 
by the republican members, against the earnest protest, 
however, of the minority. All the most prominent 
and leading men in the party in the state were opposed 
to the nomination ; some from personal hostility to Mr. 
Clinton, and others because they were truly attached 
to him, and foresaw the ruin of his political prospects. 
Besides Ex-Governor Lewis, Nathan Sanford, the 
Livingston family and the Martling men — Governor 
Tompkins, Judge Spencer, Judge Tayler, Elisha Jen- 
kins, then secretary of state. General Root, and General 
Porter — all either regretted the movement, or took 



262 DE WITT CLINTON. 

ground openly and decidedly against it. Had the elec- 
tors been chosen at that time by the people, Mr. Clin- 
ton would undoubtedly have secured the vote of the 
state, because the federalists gave him their support; 
but it is very questionable whether he would have re- 
ceived a majority of the republican suffrages, for those 
leading members of the party, who, as it was, could do 
nothins to aid Mr. Madison after the nomination of his 
opponent, would have been obliged to act, and to bring 
forward and support an electoral ticket, if they desired 
to stand well with the republican party of the nation. 

There can be little doubt that Mr. Clinton's hopes 
of success were for a long time of the most sanguine 
character. But close upon the heels of his nomination, 
came the war message of Mr. Madison, followed by 
the declaration ; and the disaffection, upon which the 
friends of the former had counted so much, was forth- 
with at an end. Out of New York the nomination of 
Mr. Clinton was still-born ; there came no answering 
response from the republican party else here ; and his 
position now became, clearly, one of mere personal 
antagonism. 

The war was a popular one, and it was the only im- 
portant question at stake. The whole foreign policy 
of Jefferson and Madison, which had been, in the main, 
approved by the republican party, and by Mr. Clinton 
himself, was on trial. The principal cause of com- 
plaint against Mr. Madison had been his want of en- 
ergy, and now that he manifested so much boldness, it 



FEDERAL CONVENTION. 263 

was impossible for the republicans of the Union to de- 
sert him. Mr. Clinton was in a false position. With 
Gallatin and Pinkney, and other eminent republicans, 
he thought the declaration of war was premature, 
while the country was so unprepared for hostilities, and 
his friends in Congress voted against the act ; yet he 
was satisfied that a war could not be avoided, and when 
once declared, he was in favor of its continuance till 
redress was obtained, but, had he been elected presi- 
dent, it would have been prosecuted, probably with 
more vigor than under the auspices of Mr. Madison. 

The federalists alone were opposed to the war. 
Toward Mr. Madison they felt extremely bitter, and 
were anxious to prevent his reelection. A candidate 
of their own political faith was out of the question ; 
and when they saw a candidate put in nomination by 
a portion of the republican party, in opposition to the 
regular nominee, they determined to support him. Mr. 
Clinton had at no time avowed a change in his senti- 
ments ; he nerer, at any period of his life, advocated 
federal doctrines ; yet any one was better, in their es- 
timation, than Mr. Madison. So he could be defeated, 
they cared not who was successful. Accordingly, a 
convention of leading federalists was held in the city 
of New York, early in September, which continued in 
session three days. The delegates from New York 
were not particularly favorable to the support of Mr. 
Clinton, whose bitter denunciations still rung in their 
ears. Gouverneur Morris, his warm personal friend, 



264 DE WITT CLINTON. 

doubted its expediency ; and Rufus King, who, with 
his friends, was personally hostile to Mr. Clinton, "pro- 
nounced the most impassioned invective against Clin- 
ton, and was so excited during his address, that his 
knees trembled under him." * Theodore Sedgwick of 
Massachusetts, and Joseph Hopkinson of Pennsylvania, 
also opposed the nomination of Mr. Clinton. But the 
majority of the convention, influenced by the eloquence 
of Harrison Gray Otis, came to a different conclusion, 
and resolved to support Mr. Clinton, at the same time 
nominating Jared Ingersoll as their candidate for vice- 
president. 

Mr. Clinton had made no sacrifice of his principles, 
yet he was now receiving the support of the Essex 
Junto, — of all the bitterest opponents of Jefferson and 
Madison, — while the more moderate federalists, such 
as the Adamses and the Kings, either opposed him 
openly, or acquiesced, under protest, in the decision of 
the federal convention. The fact could not be dis- 
guised, nor denied, that he had sought the aid of the 
federalists. For this reason, and because the declara- 
tion of war entirely changed the aspect of affairs, many 
of his old republican friends who had aided in bringing 
about his nomination by the legislative caucus, or who 
had assented to it after it was made, thought themselves 
absolved from all obligation to support him. Judge 
Spencer and Judge Tayler made an ineffectual effort to 
procure the withdrawal of Mr. Clinton, but neither he 

* Sullivan's Letters on Public Characters, No. bdv., note. 



RESULT OF THE ELECTION. 265 

nor his intimate friends, would listen to any suggestions 
of that character. 

The contest terminated, as every discerning man 
foresaw it would, in the election of the regular repub- 
lican candidate. All the New England states, (Ver- 
mont excepted,) New York, New Jersey, and Dela- 
ware, voted for Mr. Clinton, and he also received five 
of the eleven votes of Maryland — making, in all, eighty- 
nine electoral votes. Mr. Madison received one hund- 
red and twenty-eight votes. In the New York legis- 
lature, there were nearly thirty Madisonian republi- 
cans, headed by General Root, who steadily refused to 
vote for electors friendly to Mr. Clinton. The fede- 
ralists had a larger number of members than either of 
the two republican factions, but the latter, when 
united, had a majority. The Clintonian republicans 
finally selected a ticket, which was voted for by a suffi- 
cient number of the federal members to render it suc- 
cessful.* 

* Judge Spencer, in his Defence against the aspersions of Mr. Ham- 
mond, intimates that the election of Rufus King to the U. S. Senate, in 
1813, was the quid pro quo demanded and received by the federalists, 
for the support of the Clintonian electoral ticket ; and that the " bar- 
gain" was consummated through the address of Mr. Van Buren, then a 
member of the State Senate. Tliis is altogether improbable; Mi*. 
Van Buren was elected aa a Clintonian republican, in opposition to 
Edward P. Livingston, a Madisonian, and of course went with his party 
friends ; and I make no doubt, tliat Rufus King's friends voted for tho 
federal electoral ticket, which received over forty votes, because that 
gentleman himself, according to Mr. Sullivan, (?i6i supra) was very 

12 



266 . DE WITT CLINTON. ^ 

Such was the result of what Mr. CHnton himself 
afterward admitted to be the great mistake in his politi- 
cal career. His pretensions to the presidency were 
not by any means unfounded, and he was honest, no 
doubt, in supposing that he could serve his country, at 
this crisis, better than Mr. Madison. But his well- 
earned fame ought not to have been so unwisely jeop- 
arded. He should have patiently bided his time. The 
prize was a most tempting one, and he had strong rea- 
sons for the belief that the national administration had 
proscribed him and his friends ; yet, notwithstanding 
this, he should have hesitated. The consequences 
which his best friends anticipated, were soon witnessed. 
He lost caste forever with the republican party abroad, 
and at home, in New York, the prestige of his name 
was gone. One by one his old friends deserted him, 
till at length he was left without a party ; and when he 
regained, and added even to his lost popularity, he was 
no longer the exponent of a political creed. 

While events of so much importance, in respect of 
the future prospects of Mr. Clinton, were transpiring, 
he was steadily and carefully discharging the duties of 
the mayoralty. His character as chief magistrate of 
the city of New York was highly honorable to him. 
He watched over the interests of the corporation with 
parental solicitude and care. He was punctual and 
prompt, and his fellow-citizens ever found him a safe 

unfriendly to Mr. Clinton, and it is well known they were always per- 
sonally hostile to each other. 



CHARACTER AS MAYOR. 



267 



adviser and a firm friend. He took a deep interest in 
the improvement of the city, and charitable and educa- 
tional enterprises found in him a patron whose favor 
was well worth securing. By virtue of his office, he 
was the presiding judge in the court of general ses- 
sions, and, " in my opinion," said the late Richard 
Riker, " he was one of the safest judges that ever pre- 
sided in a court of criminal jurisdiction. He was pa- 
tient, discriminating, master of all the great principles 
of criminal law, severe when justice required it, but 
always inclined to the side of mercy.* 

Mr. Clinton was a firm friend to the New York 
Hospital, and he contributed essential aid in procuring 
the passage of the act founding the Bloomingdale Asy- 
lum for the Insane. He was, also, one of the founders 
of the New York Historical Society, and in 1814 
wrote the able memorial to the legislature, which se- 
cured the liberal donation of twelve thousand dollars 
from the state. Mr. Clinton was subsequently presi- 
dent of this society, and at all times one of its most 
active and useful members. 

Twice during the mayoralty of Mr. Clinton, the city 
was visited by that dreadful pestilence, the yellow 
fever. His kindness and care for the sick and desti- 
tute, his efforts to prevent the spread of the disease, 
his indefatigable and unceasing labors, and his fearless- 
ness in exposing his person, were topics of universal 
commendation. The traits in his character thus ex- 
* Hosack's Memoir, (Appendix,) p. 186. 



268 DE WITT CLINTON. 

hibited shone bright and clear through the dark clouds 
of political misfortune which had gathered round him, 
and many a spontaneous tribute of mingled thanks and 
praises was sent forth in his honor from warm and 
grateful hearts. 

As the time approached for the gubernatorial elec- 
tion in the spring of 1813, the Martling men, or Tam- 
many party, began to exert themselves to prevent the 
renomination of De Witt Clinton for lieutenant-gover- 
nor. In this they were successful. The republican 
party in the state were unanimous in their support of 
the war, and although Mr. Clinton was himself in favor 
of prosecuting it vigorously, they well knew that he 
was obnoxious to the charge of acting with and re- 
ceiving the support of the federalists. He was no 
more the pride and hope of the party, — the setting sun 
had few worshippers. Judge Spencer, Judge Tayler, 
and Elisha Jenkins, opposed his nomination ; Governor 
Tompkins was unfriendly to him, though being himself 
a candidate, he could take no active part; and Mr. 
Van Buren was now lukewarm in his support. At the 
Caucus, held in February, 1813, Governoi Tompkins 
was unanimously renominated, and the war measures 
of the national administration were approved without 
a dissenting voice ; but Mr. Clinton received only six- 
teen votes as the candidate for lieutenant-governor, and 
Judge Tayler was nominated in his stead. 

Shortly after the Caucus, an address was issued, 
signed by Philip Van Cortlandt, Mr. German, and 



SERVICES DURING THE WAR. 269 

thirty-nine other friends of Mr. CHnton, reviewing the 
late presidential election, attacking the administration 
of Mr. Madison, charging Governor Tompkins and 
Judge Tayler with being the mere tools of the na- 
tional executive, and earnestly protesting against their 
support. The address was remarkable for its asperity, 
and was written by Mr. Clinton himself This cir- 
cumstance shows how strong and how bitter were his 
feelings. He could forgive no one who, when profess- 
ing to be a political friend, refused in aught to follow 
his wishes and to further his views. The address, how- 
ever, failed entirely of its object, and the republican 
candidates were elected by a decided majority. 

Mr. Clinton was now at the head of but a small 
personal party, the only bond of union between whose 
members was devotion to his person. He had no af- 
fection for the doctrines of the federal party, and a 
union with them was impossible, even were it not im- 
politic, since they were upon the point of disbanding. 
Toward both the state and national administrations he 
was hostile, — not hostile because he was opposed to 
their measures, or to their principles as connected with 
their policy, but personally hostile. 

While the war was in progress, Mr. Clinton did not 
withhold his services from the country. He exerted 
all his influence in aiding to procure the loans desired 
by the government, and was very active in providing 
for the defence of the seacoast, and particular!}' of the 
city of New York, of which he was then mayor. Both 



DE WITT CLINTON. , 

by precept and example, he sought to uphold the honor 
of the nation. Having been appointed a major-gen- 
eral of militia, he proposed, through a friend, in the 
summer of 1814, to Governor Tompkins, to be called 
into active service. The governor was probably 
jealous of Mr. Clinton, and fearful lest he might re- 
cover the ground he had lost, if a military command 
should afford him the opportunity to distinguish him- 
self He objected, therefore, in reply to the suggestion, 
that Mr. Clinton was so recently commissioned, if he 
should be preferred over older generals, it would give 
offence. But Mr. Clinton's popularity in the city was 
so great and the people had such confidence in his 
capacity, that Governor Tompkins finally agreed that 
he should be employed as he solicited, provided the city 
was attacked. 

The Tammany men were not yet satisfied. They 
insisted upon the removal of Mr. Clinton from the 
office of mayor. Personally, nothing could be more 
unjust, since no one denied that he had discharged his 
duties ably and faithfully ; but there were political rea- 
sons in favor of the removal, sufficiently powerful to 
sway any set of politicians. The office was an im- 
portant one, and the influence wielded by the incum- 
bent was considerable. The star of Governor Tompkins 
was now in the ascendant ; he was idolized by the re- 
publicans of New York, and was looking forward to a 
nomination for the presidency in 1816. It was neces- 
sary, therefore, as he thought, that the office should be 



REMOVAL FROM THE MAYORALTY. 271 

filled by some one friendly to himself. Judge Spencer 
also desired the removal to take place, as he was ope- 
rating to secure the succession for General Armstrong. 

In January, 1815, a republican council was chosen, 
and after some little delay, occasioned by the scruples 
of one of the members, Mr. Clinton was removed. 
Although not entirely unexpected, this was a severe 
blow to him. Careless in pecuniary matters, and gene- 
rous to a fault in assisting his friends, he had become 
insolvent for many thousands of dollars, and depended 
upon the salary and perquisites of his office for the 
means of support for himself and his family. " Genu- 
ine greatness," said he on another occasion, " never 
appears in a more resplendent light, or in a more sub- 
lime attitude, than in that buoyancy of character which 
rises superior to danger and difficulty."* His pros- 
pects appeared to be blasted forever ; but the very se- 
verity of the blow proved his salvation. It was some- 
thing worthy of a mighty mind to struggle against ad- 
versity in so dark an hour. It w'as not in his nature to 
cower before the storm that howled so fiercely around 
him. He preserved his firmness and his dignity ; like 
Caesar, in the frail bark that bore him and his fortunes, 
relying upon himself, upon his irrepressible energies and 
his unconquerable will. 

Throusrhout his life Mr. Clinton was a great favorite 
with the Irish adopted citizens of New York. The 
public generally sympathized with him on his removal, 
* Memorial of the IST. Y. Historical Society, ISU. 



272 



DE WITT CLINTON. 



but they gave utterance to their feelings in words. He 
was addressed on their behalf by Thomas Addis Em- 
mett and Dr. William J. Macneven, who assured him 
of the continued regard of his friends, and that they 
preferred the moment of his retreat from office, for 
the expression of their deep sense of his " manifold 
and important services to the public." The reply of 
Mr. Clinton was well suited to the occasion ; it was 
deeply affecting, and replete with feeling and eloquence. 
In his retirement, Mr. Clinton spent most of his 
time in literary studies and pursuits. The subject of 
opening a canal navigation between the lakes and the 
Hudson river also engaged his attention, and occupied 
the greater share of his thoughts. He was now 
thoroughly enlisted in favor of this important enter- 
prise, and by means of public addresses, by his corres- 
pondence, and by personal interviews with prominent 
politicians and influential business men, sought to cre- 
ate an interest in it that might insure its speedy com- 
pletion. From some he received encouragement — 
from others only a doubting shake of the head, or a 
cold shrug of the shoulders. Mr. Jefferson, with all 
his practical foresight, doubted whether the project was 
then feasible, and said that it was a century in advance 
of the age.* Many of the earlier friends of the meas- 
ure became discouraged, but Mr. Clinton steadily per- 

* After the completion of the Erie Canal, Mr. Jefferson wrote to Mr, 
Chnton, congratulating him on the success of the enterprise, and saying 
that his prediction was a century too late. 



CANAL MEMORIAL. 273 

severed to the end, amid obloquy and abuse. He 
staked his reputation for sagacity, his character as a 
statesman — but staked them not in vain. The hour 
of his triumph came at last, and brought with it the 
full realization of his fondest hopes. 

While the war continued, all efforts in furtherance 
of the project were necessarily suspended ; but they 
were promptly renewed, on his part, after the termina- 
tion of hostilities. Shortly before the meeting of the 
legislature in January, 1816, a large meeting, composed 
of the most respectable and influential citizens, was 
held in the city of New York, at the instance of De 
Witt Clinton, Thomas Eddy, and Jonas Piatt, at which 
a memorial, drawn up by Mr. Clinton with more than 
his usual ability, in favor of the construction of the 
Erie and Champlain canals, was adopted with great 
enthusiasm and unanimity. This memorial was pre- 
sented by him to the legislature, and he remained at 
Albany during the greater part of the session, zealously 
engaged in urging upon the attention of members the 
manifold considerations in support of the proposed 
measure that had suggested themselves to his mind. 

The question as to whom belongs the chief merit of 
originating this great enterprise, has been often dis- 
cussed, and it is not proposed to renew the discus- 
sion here.* There have been many claimants, but it is 

* See Hosack's Memoir, (Appendix,) p. 245, et seq ; Watson's Histo- 
ry of the Rise and Progress of the Western Canals ; Yates' History of 
the Now York Canals ; Canal Policy of New York, by Tacitus (De 

12* 



18 



274 DE WITT CLINTON. 

very doubtful whether any one individual is justly en- 
titled to the honor. The idea of connecting the lakes 
with the Hudson river by canals, and the removal ot 
obstructions in the intermediate streams, was not a new 
one. It was familiar to the public men of New York 
at an early day. In the report of Governor Tryon on 
the state of the province, made in 1774, it is distinctly 
stated that " a most effective inland navigation" might 
be opened, between the Hudson and Lakes Ontario 
and Champlain, by way of the Mohawk and the main 
branch of the river ; " a short cut" being made from 
Wood Creek to the Mohawk, the rifts removed, and 
the necessary locks constructed.* In 1784, Christopher 
CoUes made his proposals to the New York legislature 
for the improvement of the navigation of the Mohawk ; 
and in 1786, Jeffrey Smith, a member of that body, 
asked leave to introduce a bill for improving the navi- 
gation of the Mohawk, and for extending the same, if 
practicable, to Lake Erie. Previous to this time, and 
as early as the year 1777, Gouverneur Morris had con- 
ceived the project of " tapping Lake Erie," but he pro- 
posed to do this by way of Oswego and Lake Ontario, f 
Cadwallader Colden, General Washington, George Clin- 
ton, General Schuyler, Elkanah Watson, and other 
eminent men, likewise came to the conclusion, from 

Witt Clinton) ; Facts and Observations, in relation to the origin and 
completion of the Erie Canal ; Life of Thomas Eddy ; Renwick's Life 
of Clinton ; and Turner's History of the Holland Purchase. 

* Documentary History of New York, vol. i. p. 751. 

f Facts and Objorvations, etc. 



THE FATHER OF THE CANAL SYSTEM. 275 

their knowledge of the country, that an important sys- 
tem of inland navigation might easily be constructed 
in the manner which had been suggested. An over- 
land navigable canal between the Hudson and Lake 
Erie was first conceived by Jesse Hawley, of Ontario 
County, in 1805, who published the first essay upon 
the subject, in the Pittsburg Commonwealth, in Janu- 
ary, 1807, and afterward wrote several articles which 
appeared in the Ontario Messenger, over the signature 
of Hercules.* In 1808, the same idea suggested itself 
to Joshua Forman, then a member of the New York 
Assembly, and he introduced some resolutions provid- 
ing for a survey of the proposed route. 

It has been sometimes said by the more zealous 
friends of Mr. Clinton, who were not familiar with the 
history of the New York canals, that he was their 
originator or projector. This was not so. Yet his 
claims to the gratitude of the people of New York are 
as enduring as her glory and prosperity. He found the 
project crude and ill-formed ; he gave it shape and sub- 
stance, life and animation. When the scheme was 
first suggested to him, he was able to judge of its prac- 
tical value, from his knowledge of the resources and 
topography of the interior of the state, derived from 
his father and uncle ; and in his tour in 1810, he satis- 
fied himself upon this point, by personal observation. 
Having once formed his opinions, he entered heart and 

* Hosack's Memoir, (Appendix,) p. 306 ; Canal Policy of New York ; 
and Turner's History, pp. 628, 666. 



276 •; DE WITT CLINTON. .; 

soul into the enterprise from which he rightly predicted 
such incalculable benefits were to flow. He did not 
wait for Hercules, but put his own shoulder to the 
wheel. He was emphatically the master-spirit, not in 
the projection, but in the execution of those great 
works which still trumpet forth his praises. He, more 
than all others, gave that impetus to the project which 
carried it successfully forward, — he was truly the father 
of the canal system of New York. 

His memorial was circulated far and wide through- 
out the state. It attracted attention everywhere. Its 
author was looked upon as the leader in the canal 
movement, and those who were earlier enlisted in the 
cause than himself, were content to follow under his 
guidance. Action, spirit, enterprise, determination, 
perseverance, genius, had long been needed, — and all 
were furnished in his own person. He directed and 
controlled everything. He prepared plans and esti- 
mates. He pointed out the how and the where ; from 
whence the means could be procured ; and the im- 
mense advantages of the policy he advocated. He 
had, probably, too much of enthusiasm on the subject, 
and had it not been that his ardor was restrained by 
the greater caution and prudence of Samuel Young 
and Martin Van Buren, the state might have been 
plunged headlong into debt. Be this as it may, — had 
he not possessed just so much enthusiasm, it is more 
than likely that the first prediction of Mr. Jefferson 



SPLENDID RESULTS. !®f7 

would have been verified, and he would have been " a 
century in advance of the age," 

And how splendid were the results of his efforts ? 
They are scattered over the length and breadth of the 
land, — not transient, but ever-enduring, ever-increas- 
ing. Towns have sprung up in a night, like the gourd 
of the prophet. Deserts have been transformed to 
fields and cities. 

" And the old wilderness is changed 

To cultured vale and hill — 

And the circuit of its mountains 

An empire's numbers fill," 

Daily and hourly the humblest citizen of our state 
has occasion to rejoice. Vast stores of wealth — the 
fruits of successful commerce — have been accumulated, 
which, had it not been for the construction of the 
canals of New York, would never have found a place 
in her coffers. And where the end is to be, no man 
can yet say ; for the wildest fancy of to-day seems to 
become matter of history to-morrow. 

The memorial of Mr. Clinton was presented on the 
21st of February, 1816, and was soon followed by 
others of a like character. The popular feeling was 
aroused, and it could not be resisted. The Assembly, 
therefore, passed a bill, providing for the immediate 
commencement of the Erie and Champlain Canals; 
but it was amended in the Senate, on motion of Mr. 
Van Buren, so as to authorize the appointment of five 



278 DE WITT CLINTON. 

canal commissioners, whose duty it should be to make 
the necessary preliminary surveys and estimates of ex- 
pense, and to ascertain the practicability of making 
loans on the credit of the state. Great doubts were 
still entertained in regard to the financial practicability 
of the scheme, and after some considerable discussion 
the bill, as amended in the Senate, became a law. 
Stephen Van Rensselaer, De Witt Clinton, Samuel 
Young, Joseph Ellicott, and Myron Holley, were the 
commissioners appointed by the act. 

In February, 1817, the reports of the canal com- 
missioners were presented. They were ably written, 
and proceeded, in whole or in part, from the pen of Mr. 
Clinton. Considerable opposition was manifested, on 
the part of some of the more bitter and zealous oppo- 
nents of Mr. Clinton, to the passage of any act posi- 
tively committing the state to the construction of the 
proposed canals. Weeks were spent in the discussion 
of the bill introduced in pursuance of the recommen- 
dation of the commissioners. Mr. Clinton's influence 
was still needed. He had secured for the measure the 
favor and approbation of the people, and now the co- 
operation of the legislature was alone required to in- 
sure its success. Some of the anti-Clintonian members 
stoutly refused to vote for the bill, but Mr. Van Buren 
came to the rescue, and prevailed upon a number of 
his friends to unite with him in its support. The votes 
thus gained proved sufficient. On the 10th day of 
April, 1817, the Assembly passed the act authorizing 



RECONCILIATION WITH JUDGE SPENCER. 279 

the construction of the canals to be commenced, by a 
vote of sixty-four to thirty-six, and on the 15th instant 
it was sustained in the Senate by a vote of eighteen to 
nine. The hour of Mr. CHnton's triumph had at 
length come ; and thenceforth, though no more, strictly 
speaking, the leader of the republican party, till the 
day of his death, with the exception of a brief inter- 
val pending the discussion of the project for a consti- 
tutional convention, he was the favorite of the people 
of New York. 

Early in the year 1816, a reconciliation was effected 
between Mr. Clinton and Judge Spencer ; and it was 
then thought, that all the republicans in the state would 
reunite under their old leaders. But Governor Tomp- 
kins, Mr. Van Buren, General Porter, Colonel Young, 
Erastus Root, the Livingstons and their friends, — in- 
deed, all the prominent men in the party, — refused to 
go with Judge Spencer, and he was left to fight the 
battles of Mr. Clinton alone. Yet he and Mr. Clinton 
constituted a host in themselves, and though the latter 
might not have been popular with the politicians, he 
was certainly popular with the people. 

The unfortunate results of the campaign of 1812 
did not prevent Mr. Clinton from continuing to cherish 
his presidential aspirations. He persevered in regard- 
ing himself as the proper and natural successor of the 
revolutionary worthies, and consequently, did not at 
all favor the pretensions of Governor Tompkins in 
1816, though, being still in bad odor with the republi- 



DE WITT CLINTON. 



can party, he could do nothing against him. Neither 
did he coincide with Judge Spencer, who, — when the 
defeat at Bladensburg and the capture of Washington 
had put his friend, General Armstrong, then secretary 
of war, in Coventry as a politician, — exerted himself 
to procure the nomination of Mr. Crawford as the re- 
publican candidate. Mr. Clinton's preferences were 
decidedly for Mr. Monroe, because he had rendered 
important services during the Revolution and the or- 
ganization of the federal government; and while the 
idea that he would and ought to be president had be- 
come familiar with the public, it did not seem to ex- 
clude himself, which the selection of a younger man 
would have done. 

In the summer and fall of 1816, the friends of Mr. 
Clinton began openly to express their preferences for 
him as the successor of Governor Tompkins, who had 
been nominated at the Congressional Caucus as the 
republican candidate for vice-president. The council 
of appointment chosen the previous winter was under 
the control of Judge Spencer, and thus a most power- 
ful engine was wielded in his favor. The canal inter- 
est, of course, was arrayed on the same side, and all 
the leading federalists in the state, with the exception 
of Rufus King and his particular friends, declared them- 
selves decidedly favorable to Mr. Clinton, and intimated 
that they would run no candidate in opposition if he 
should be the nominee of the republican party. 

So powerful were all these influences, that Gov- 



NOMINATED FOR GOVERXOR. 281 

ernor Tompkins, Mr. Van Buren, and their friends, la- 
bored in vain against tiiem. The current in I'avor of 
the nomination of Mr. CHnton, particularly in those 
sections of the state to be benefited by the construc- 
tion of the Canals, was much too strong to be resisted. 
At the regular session of the legislature in 1817, the 
question of the succession was the principal topic agi- 
tated among the republican members. A majority of 
them — not so much, perhaps, because their personal 
preferences pointed in that direction, as for the reason 
that they could not mistake the indications of the sen- 
timent prevailing among their constituents — were soon 
ascertained to be friendly to the nomination of Mr. 
Clinton, yet, in consequence of the determined oppo- 
sition, and, in the case of the Tammany men, the bitter 
hostility manifested toward him by his opponents, it 
was feared that he would be unable to secure the 
nomination in the legislative caucus. In order to pre- 
vent such a result, it was proposed by Judge Spencer 
and others, that delegates should be selected by repub- 
lican conventions in those counties represented by fed- 
eralists, who, with the republican members, should 
constitute a state convention for the purpose of nom- 
inating candidates for governor and lieutenant-gov- 
ernor. 

This mode of selecting candidates was undoubtedly 
fairer than that before adopted, and nothing could be 
said against it. But it was unfortunate for Mr. Clin- 
ton that it should have been suggested at this juncture, 



282 



DE WITT CLINTON. 



and that, too, by his friends ; for it was an innovation, 
in respect of estabhshed usages, that was entirely un- 
necessary to secure his nomination. Had it not been 
for this, he might have overcome the hostihty of his 
repubUcan opponents, bitter as it was ; but they now 
saw that lie was disposed to resort to extraordinary 
measures, and though many of them felt obliged to sup- 
port him, it was without cordiality, and they were 
ready at any moment to embrace a favorable opportu- 
nity, should one present itself, for destroying his stand- 
ing in the part3^ 

Mr. Tompkins having been chosen vice-president, 
he resigned the oflice of governor, and a law was 
passed providing for a special election. The friends of 
Mr. Clinton had secured the council of appointment 
at the session of 1817, and they had everything their 
own way. The convention, of republican members of 
the legislature and delegates, was held on the 25lh of 
March, 1817. The opponents of Mr. Clinton, headed 
by Mr. Van Buren, made great efforts to prevent his 
nomination, and supported Peter B. Porter as their 
candidate, who was a warm anti-Clintonian, but equally 
ardent in advocating the Canal policy. On balloting 
for the gubernatorial candidate, Mr. Clinton received 
the votes of sixty members and twenty-five delegates 
and General Porter those of thirty-four members and 
seven delegates. 

In accordance with their promises to the friends of 
Mr. Clinton, no nomination was made by the federalists. 



RESULT OF THE ELECTION. 



283 



The Tammany men refused outright to support the 
candidates of the repubUcan convention, and distribu- 
ted tickets throughout the state with the name of Gen- 
eral Porter upon them ; but no effort was made to se- 
cure votes for this ticket out of the city. There was 
but little excitement, therefore, at the polls, and more 
than one half of the electors did not vote at all on. the 
gubernatorial question. Although Mr. Clinton was 
elected, he did not receive as large a vote as Mr. 
Tompkins had done the year previous. There were 
less than forty-five thousand votes cast for governor, 
of which Mr. Clinton received upwards of forty- three 
thousand, and General Porter about fifteen hundred, 
most of them given in the city of New York. 

After the resignation of Governor Tompkins, and 
until the close of the civil year, the state government 
was administered by the lieutenant-governor. Judge 
Tayler. Mr. Clinton took the oath of office on the 1st 
of July, 1817, and immediately entered on the dis- 
charge of the executive duties. Almost the first act 
of his administration, was the removal of the Tam- 
many men from office in the city of New York. He 
had no disposition to conciliate his opponents in the 
party, and manifested none. Attachment to himself 
was practically declared to be the test of fitness and 
capacity in candidates for official favors. He did not 
make open war upon Governor Tompkins, Mr. Van 
Buren and their friends, but he returned their want of 
cordiality with a coldness that could not well be mis- 



2R4 



M: wirr (i.iNroiv. 



l.iIu'M. 'V\\c fiiitli \v;is. llit>\ h;i(l .ilicaily (l(M(MiuiiU'(l 
ho slumld not Mgaiu l)i>(M>iut< llu> leader ot tlio purty, 
nol so nuich beeauso of any want of liilelily to his rc- 
]inl)liean principles, though his relations toward iho 
lederalists were nuieh too inliniale \<> ]\:\\c their i>ii!.mi 
ill inei(^ personal liiendship, l>nl lor the r(\isi>n that ho 
could not t*>lerale the h>asl resistance to his will, and 
would admit no oiio to his counsels unless entirely dc- 
volod to hint. 

in the autumn oi IS17. ( Governor ( "linton issued :i 
proclamation, rei'ommeiidin;^ thai the l:Uh oi' Novem- 
her should he ohserved as a day of thanksifivin!:; and 
prayer. It \\ ill he remeiuhered that (lovernor Jay 
made a similar rec(>mmeiidalion, hut was uiiali|i> to in- 
troiluce lli(> custom which had loii;'; prevailed in the 
east(>rn states, on account ol' llu> ojiposilii)!! io New 
hiU'dand notions and inventions. I'ut (he \'anki'e.s 
and K nickerhocKers had in>w In-come mon^ thoroughly 
iused aiiil l«l(Mideil togiMher. and llu^ cili/.iMis ^(Mierally 
\mited ill ohs(>rving \\\c day rt^comiiKMided hv (Gover- 
nor ( Mintoii. 'rh(> precedent thus estahlished hv him, 
has heen ever since I'ullowod by his successors in the 
chair of stale. 

A\ hen lh<> h'iMslatnrc assemhled tor its r(>!:;ular st>ssion 
in .lamiary. ISIS, th(> mst-i-urily «>!" iMr. flmloirs posi- 
tion w as soon made .apparenl. Tlu* speiH-h of the mwv 
governor was favor.ahly received, and was in fact hi!j;hly 
creditahli< to him. It I'onlained a llaf leriii!;; re\ iew oi' 
tli(> lin.incial coiidilii>n and resinuccs ol" the stat(>, and 



PARTY DIVISIONS. 285 

a most able exposition of the views of the writer upon 
the subject of internal improvements. He recom- 
mended the appointment of a district attorney in each 
county in the state, and several other legal reforms. 

A tolerable degree of harmony prevailed among the 
republican members, yet the calm was deceitful. But 
very few of them, even those known as Clintoniaiis, 
were really attached to him. It was both his misfor- 
tune and his fault that he was surrounded by a coterie 
of parasites who could do nothing but harp his praises, 
and this gave color to the charge that he was seeking 
to establish a personal party. He had deceived him- 
self as to his real strength. His nomination and elec- 
tion were mainly owing to the prevailing sentiment in 
favor of the construction of the canals, but he attrib- 
uted it entirely to his own individual popularity. He 
could not be made to believe, therefore, that there was 
danger of his standing being impaired, when there 
should no longer be any opposition to the canal i)olicy. 
With very few exceptions, he was not on friendly 
terms with any of the prominent republicans in the 
state, and toward Mr. Van Buren and Colonel Young, 
who stood in the front rank, he was not only distant and 
reserved, but sometimes manifested the most vindictive 
feelings. His whole reliance was upon his personal 
popularity and upon himself, and he seemed to care but 
little about the eflbrts of his opponents. 

The council of appointment chosen this winter con- 
sisted of Peter R. Livingston and Henry Seymour, 



DE WITT CLINTON. 

both anti-Clintonians ; Henry Yates, a friend of Mr. 
Clinton's, but caring more for the republican party than 
for the governor ; and Jabez D. Hammond, formerly a 
land-agent of the governor, and upon whom he had 
bestowed many favors, and therefore ready to carry 
out his wishes in everything. If Governor Clinton 
had thought proper to exercise his influence, he might 
have secured a majority of the council, but this he did 
not do, and hence the result. Ostensibly Mr. Yates 
was his friend, and therefore the public inferred that 
the operations of the council were controlled by him ; 
whereas, in point of fact, the former had pretty much 
his own way. The governor and Mr. Hammond were 
disposed to remove or supersede all the anti-Clintonians 
holding important offices, but Mr. Yates would not 
consent to the proscription of republicans in good 
standing in the party, and who had always supported 
its nominations. If the governor's candidates were 
satisfactory to him he voted for them ; if not, he went 
with Mr. Livingston and Mr. Seymour. 

The session passed without any open disagreement 
between the two factions ; but all the active republican 
leaders — for the influence and popularity of Judge 
Spencer were now on the wane — were determined to 
reorganize the party without delay. It was the object 
to separate as many republicans from Mr. Clinton as 
possible, and in this they were successful, as they car- 
ried nearly the whole party with them. 

In the next legislature there were about sixty-five 



BREACH WITH THE REPUBLICANS. 287 

ClintoniaQs, fifty-six or fifty-seven anti-Clintonians, and 
upwards of thirty federalists. In the assembly alone 
the Clintonians had a still greater majority over the 
other faction. But the latter, by means of a secret 
understanding, collected in force at the Capitol on the 
night previous to the first day of the session, and suc- 
ceeded in nominating their candidate for speaker at the 
republican caucus. The next day the Clintonians re- 
fused to support the candidate nominated, and with the 
assistance of the federalists elected one of their own 
friends. The breach was now made, and at a caucus 
subsequently held for the nomination of a senator in 
Congress, open war was declared between the two fac- 
tions. The caucus broke up in confusion, and as the 
federalists adhered to Mr. King, the incumbent, no 
senator was elected at this session. 

By the act of 1817, the canal commissioners were 
authorized only to construct canals between Lake 
Champlain and Fort Edward on the Hudson river, 
and between the Mohawk and Seneca rivers. Mr. 
Clinton, therefore, urgently recommended, in his an- 
nual speech in January, 1819, that the entire line of 
canal navigation from Lake Erie to the Hudson, and 
from Fort Edward to the head of sloop navigation, 
should be opened. Some of his friends in the legis- 
lature did not approve of these recommendations, but 
they were sustained by the votes of the leading anti- 
Clintonians, who, by pointing to this fact, withdrew 



288 DE WITT CLINTON. 

from Mr. Clinton many of the republican friends of the 
canals. 

The council of appointment chosen this winter was 
friendly to Mr. Clinton, and regarded his wishes in 
making removals and appointments. Yet, notwith- 
standing the Clintonians were able to elect a council, 
through their want of tact and policy, they suffered 
their opponents, now called Bucktails, to elect Mr. 
Seymour as a canal commissioner to fill a vacancy, 
which gave the latter a majority in the board. From 
this time forth, the opponents of Mr. Clinton controlled 
the canal influence. Still, the works were prosecuted 
with vigor, and he omitted no opportunity to urge their 
speedy completion. 

Mr. Clinton no longer concealed his determination 
to exclude his opponents from office. In April, 1819, 
a pretty general sweep of the bucktails was made, and 
in July, Mr. Van Buren was himself removed from the 
office of attorney-general. The new appointments 
were made from Clintonians and federalists, but chiefly 
from the latter, who soon composed the main body of 
Mr. Clinton's supporters. The great majority of the 
republican party adhered to Mr. Tomj)kin3 and Mr. 
Van Buren, while all the federalists, with the exception 
of Rufus King and his particular friends, arrayed them- 
selves on the side of the governor. 

As early as the winter of 1818, a movement had 
been made in the legislature, looking toward the amend- 
ment of the constitution so as to do away with the 



REVISION OF THE CONSTITUTION. 289 

council of appointment. Tiiis project originated with 
the backtails, and was not at at all pleasing to Mr. 
Clinton ; and he exerted all his influence to prevent the 
adoption of a resolution which had been introduced, 
and by which a state convention was authorized to be 
held. He never regarded with favor the revision of 
the constitution in 1821, and even when he saw the 
proposition for a convention rapidly gaining ground 
among the people, he only yielded so far as to signify 
his willingness to submit to the electors the quesiion 
whether or no a convention should be called. At the 
extra session of the legislature, in November, 1820, an 
act was passed by the votes of the bucktail members, 
who then controlled everything, providing for a con- 
vention with unlimited powers. At first, the object of 
the bucktails had been only to take away the appoint- 
ing power from the council, but as the judges of the 
supreme court, or rather a majority of them, had also 
opposed the convention project, it was determined to 
constilutionize them out of office. By the act alluded 
to, no provision was made for submitting the question 
to the people, and the council of rerision vetoed the 
bill. Chancellor Kent and Judge Spencer voted 
against the bill in the council, and Judges Yates and 
Wood worth in its favor. Hence it devolved upon 
Governor Clinton to give the casting vote ; which he 
did, against the bill. But the expressions of public 
opinion were so strong in favor of the proposed con- 
vention, that the governor was ultimately forced to 

13 



19 



290 DE WITT CLINTON. 

acquiesce and to approve the law passed in the winter 
of 1821. 

The legislative session commencing in January, 
1820, was spent mainly in discussing the questions 
arising upon the unsettled accounts of Governor 
Tompkins ; the Clintonlans and federalists opposing, 
with great vehemence and bitterness, the terms of 
adjustment proposed by him, and defended by his re- 
publican friends in the legislature. At this session, 
also, resolutions were passed opposed to the admission 
of any new slave states into the union, which Mr. 
Clinton cordially approved. 

In April, 1820, a new election of governor was to 
take place. Mr. Clinton was now completely estranged 
from the republican party of the state, though there is 
no evidence that he had changed his principles. In- 
deed, this was a time when republican principles were 
cherished by everybody. Mr. Monroe had introduced 
" the era of good feeling," and it was only here and 
there a federalist could be found bold enough to declare 
his attachment to the doctrines of 1798. The repub- 
lican friends of Governor Clinton were in a feeble mi- 
nority in the legislature, and they did not think it 
advisable to show their weakness in point of numbers 
by meeting for the purpose of making a legislative 
nomination. Mr. Clinton and Judge Tayler, therefore, 
were again put in nomination at a large public meeting 
of their friends held in the city of Albany. The buck- 
'tails were aware that it would be necessary to bring 



REELECTION. 



291 



out their strongest man to overcome the popularity of 
Mr. Clinton among the friends of the canals, strength- 
ened as he would be by the influence and votes of the 
federalists. Accordingly, they fixed upon the vice- 
president, Mr. Tompkins, with great unanimity, as the 
opposing candidate. 

The election in 1820 was closely contested, and Mi*. 
Clinton was chosen by a meagre majority.* It is evi- 
dent that his personal popularity, or the charge of defal- 
cation secretly whispered against Tompkins, though 
none dare utter it openly, produced this result ; for the 
bucktails, or regular republican party, succeeded in re- 
turning a respectable majority of the members of the 
legislature. All the federalists, except a small faction, 
comprising for their numbers a large share of talent, 
headed by the sons of Rufus King and Alexander 
Hamilton, and by William A. and John Duer, and call- 
ing themselves " high-minded federalists," supported 
Governor Clinton ; while nine tenths of the republican 
party gave their votes to vice-president Tompkins. 

It was a matter of general notoriety, for it could not 
well be disguised, that the official patronage of the 
general government, through the instrumentality of 
Mr. Tompkins and Mr. Van Buren, was now wielded 
adversely to Mr. Clinton ; and the latter, in his annual 
speech at the extra session in the fall of 1820, intimated 
very distinctly, that, in his opinion, the officers under 

* The majority of Mr. Clinton was less than fifteen hundred in a poll 
of ninety-three thousand votes. 



292 DE WITT CLINTON. 

the federal government had interfered in the late elec- 
tion. The Senate immediately passed a resolution re- 
questing the governor to communicate any information 
he might possess upon the subject. The charge had 
been made by inuendo ; and, of course, the governor 
had no idea that he should be called upon for his proofs. 
He was not the man, however, to avoid a collision, and 
he returned a brief and curt reply to the resolution, 
stating that he fully appreciated " the patriotic solici- 
tude" of the Senate, and would in due time make a 
communication. The republican members of the Sen- 
ate conceived this reply to be insulting, as it was doubt- 
less intended to be; and after wailing five days without 
receiving any further message from the governor, they 
passed another resolution, censuring him for making 
such charges and insinuations as he had done, and not 
adducing the evidence in support of them. To this 
last resolution he replied briefly, but with great spirit, 
on the last day of the session, expressing his regret 
that any branch of the legislature should " lose sight 
of the respect due to itself, and the courtesy due to a 
coordinate department of the government." The ma- 
jority in the Senate were not loth to continue the 
quarrel, and they promptly ordered the communication 
of the governor to be forthwith returned to him. — Such 
is a specimen of the bitterness that characterized the 
political contests between Mr. Clinton and his oppo- 
nents. Where both parties were so much at fault, it 



GREEN BAG MESSAGE. 293 

is not wonderful that he was calumniated, nor that he 
often gave cause for attack. 

At the ensuing regular session, the governor sent a 
special message to the assembly, accompanied with a 
mass of certificates, letters, and depositions, having 
reference to the interference of the federal officers in 
the state elections. So voluminous were the docu- 
ments that they were sent to the House in a green bag> 
and the message was ever after known as the " Green 
Bag Message." The proofs of the governor were 
wholly insufficient to establish his charges, except in 
one or two instances, although the general fact was 
evident enough, because it had always been customary 
for the officers referred to, active politicians as they 
generally were, to take part in elections. Whether it 
was right or wrong, Mr. Clinton exhibited more spleen 
than consistency in making the charge, for he was 
himself too much of a partisan to have stickled at any 
such means, if necessary to his own success. 

The popular feeling in favor of a convention to re- 
vise the constitution was so strong, that Governor 
Chnton and his friends were at length forced to yield. 
In the winter of 1821, therefore, they proposed to pass 
a law submitting the question to the people, and requir- 
ing the convention, if one should be called, to prepare 
and submit all amendments separately and severally. 
To the latter proposition the bucktails would not listen 
for a moment, but they finally consented to have the 
question of calling a convention submitted to the vot- 



294 DE WITT CLINTON. 

ers of the state at the April election. In this shape 
the law was passed, and approved by the council. At 
the April election, the people decided in favor of a 
convention, by a majority of nearly seventy-five thou- 
sand. The delegates were chosen in June, and as the 
republicans now had everything their own way, they 
secured the entire control of the convention. 

At the extra session, in November, 1820, a council 
of appointment had been chosen decidedly unfriendly 
to Mr. Clinton, and as soon as they had been called 
together they commenced removing the Clintonians 
from office. Thus, both the state and the national pat- 
ronage were now in the hands of his opponents ; and 
when the constitutional convention, which assembled 
in August, 1821, enlarged the basis of the right of 
suffrage, it was not difficult to foresee his defeat, should 
he be brought forward for reelection under the new 
order of things. The bucktails omitted no opportunity 
to prejudice him in the minds of the electors. His 
opposition to the convention was constantly harped 
on, and at the regular session of the legislature, in 
1822, a resolution was adopted condemning the prac- 
tice of delivering a speech. This was designed as a 
personal attack upon the governor, because he had 
again alluded to his difficulty with the Senate, by ex- 
pressing the wish that both houses would cooperate 
with him in cultivating mutual respect and forbear- 
ance. In any other view the resolution was entirely 
uncalled for, since the practice condemned was not 



RETIREMENT. 295 

yet done away by the new constitution, which was 
now waiting the final action of the people. 

It was difficult for Mr. Clinton to convince himself 
that he had lost ground with the people, by his tardy 
acquiescence in their wishes in respect to a conven- 
tion. Many of his friends, too, were anxious that he 
should dare the popular ordeal, not doubting but that 
he would be triumphantly sustained. He ardently de- 
sired to witness the fruits of his canal policy in the 
station he then filled, and to see the important works 
in progress fully completed under his auspices. But it 
was impossible to blind his eyes to the true state of the 
case. His friend. Judge Spencer, had opposed with all 
his abihty the popular reforms adopted in the conven- 
tion, and a great share of the odium naturally fell upon 
him. Following the advice of his more sagacious 
friends, and the counsel of his own better judgment, he 
ultimately resolved to retire. Lest it might be said he 
had been driven ingloriously from office, a public meet- 
ing of his friends was called in the city of Albany, at 
which a committee, consisting of Ephraira Hart, Peter 
Gansevoort, and others, was appointed to solicit his 
consent to become a candidate for reelection. In reply 
to the committee, he signified his intention positively 
to retire from public life ; and on the 1st day of Janu- 
ary, 1823 — the civil year having been changed so as 
to correspond with the calendar year, by the new con- 
stitution — he was succeeded by Judge Yates, who had 
been chosen governor at the November election. 



SS»0 DE WITT CLINTON. 

Though he had retired from the gubernatorial chair, 
Mr. CUnton did not vacate the office of Canal Commis- 
sioner, but continued to devote even a greater portion 
of his time and attention to the important public works 
in progress. The subject of internal improvements en- 
grossed a large share of his thoughts. All over the 
Union he was known as a public benefactor, whose 
energy, foresight and sagacity, had achieved a great 
deal for his native state, and promised to bless and en- 
rich her for all time to come. His correspondence with 
the projectors of improvements in this country and in 
England was very extensive, and his advice and his 
opinions were eagerly sought for in every quarter. 
Much of his time, too, was spent in those scientific 
studies and pursuits, which never failed to cheer and 
delight him amid the busy strife and confused turmoil 
of politics. Like Maecenas he loved to mingle the 
charms of literature with the cares of state ; yet he 
was not content with being the mere patron of scholars 
— he was himself a ripe scholar and a sound one. 

The presidential contest of 1824 will not soon pass 
from the memory of the American people. Its many- 
sided aspects proceeded naturally from the harmonizing 
policy of Mr. Monroe ; and, perhaps, it was a fitting 
introduction to the reorganization of parties, — for all 
the political elements were aroused, as was necessary 
before the negative could be succeeded by the positive, 
and when they subsided, two distinct parties were wit- 
nessed, with the lines between them broadly defined. 



RE-NOMINATION. 297 

Mr. Clinton was the first prominent man in the northern 
states who declared himself iVienJIy to General Jack- 
son. It is probable that he might have looked forward 
to the succession, and, regarding Mr. Adams as his 
natural rival in this section of the Union, was prejudiced 
against him in advance. He took no active part in 
politics ; but from the first favored the movement looTi- 
ing to a change in the mode of choosing presidential 
electors. In 1802, he had proposed in the State Senate 
to amend the federal constitution so that electors should 
be chosen by the people in districts ; and while gover- 
nor, in his speech at the commencement of the extra 
session in November 1820, he recommended that a 
state law should be passed providing for the choice of 
the electors by the people, by general ticket, to con- 
tinue in force till the constitution of the United States 
should be amended as he had before proposed. 

In the fall of 1823, and throughout the following 
year, the electoral question was the great theme of dis- 
cussion in the state of New York. Its original agita- 
tors were bucktails, who were opposed to Mr. Craw- 
ford ; and the Clintonians, being all Adams men or 
friends of General Jackson, immediately fell in with 
them. Mr. Clinton was very anxious, as were all his 
intimate friends, that he should again become governor 
of the state, and in the summer of 1824 great efforts 
were made to secure his nomination by " the people's 
party," as those who advocated the choice of the elec- 
tors by the people were called. These efforts proved 

13* 



DE WITT CLINTON. 

successful, and Mr. Clinton was nominated at a state 
convention of the friends of the proposed change in the 
electoral law, over James Tallmadge, a bucktail, and 
one of the original founders of " the people's party." 

Two years previous, Mr. Clinton's popularity had 
declined so much, that it was not thought advisable to 
bring him before the people as a candidate ; but now 
his friends had seized the thunder of the original " peo- 
ple's men," and were bearing him along triumphantly. 
Apparently, this change in his fortunes would seem to 
have been produced by his early advocacy of the pro- 
posed measure ; but this was not the case. Just before 
the close of the session of the legislature in the spring 
of 1824, he had been removed from the office of Canal 
Commissioner by the bucktails ; the people's men be- 
longing to that party, as well as those opposed to chang- 
ing the electoral law, voting for the removal. 

No cause was assigned for removing Mr. Clinton, 
and the course of the majority was denounced in strong 
and eloquent terms by his friends in the legislature. 
The policy of the removal was defended strictly on 
party grounds ; for in any other view, it could not for 
a moment be contended that it was right or proper to 
eject him from an office appropriately bestowed on so 
early a friend of the Canals. Much has been said, then 
and since, upon this question. The removal was un- 
questionably an injudicious display of party spirit, but 
it could not be called positively unjust, for Mr. Clinton 
had very few compunctions in regard to the removal 



REMOVAL AS CANAL COMMISSIONER. 299 

of his opponents from office. He never asked any 
favors in this respect, as he never granted any. To 
the people, however, it seemed Hke striking a fallen 
enemy. On the spur of the moment large meetings of 
his friends were called in the principal cities in the 
state, and resolutions were adopted unequivocally con- 
demning the proceedings of the legislature. 

Public sympathy once fairly aroused in behalf of 
Mr. Clinton, the old benefactor and friend of the peo- 
ple and the state, it was impossible to stem the tide. 
The bucktails nominated Samuel Young, who had ex- 
pressed himself favorable to the choice of the electors 
by the people, and well known as a friend of the ca- 
nals, and they entered into the contest with unusual 
energy and spirit. But the current had set, and its 
course could not be changed. Nearly two hundred 
thousand votes were cast for governor, and Mr. Clin- 
ton was borne into office by a majority of over sixteen 
thousand. 

His term of office commenced on the 1st day of 
January, 1825. The first message from his pen con- 
tained a long and able exposition of his views upon 
the subject of internal improvements. He advised the 
creation of a board to have cognizance of such mat- 
ters, and recommended an extensive system of canals. 
In relation to the mode of choosing the presidential 
electors, he repeated the views he had before express- 
ed. He congratulated his fellow-citizens upon the 
important beneficial changes made by the new con- 



300 .; DE WITT CLINTON.. :: 

stitution, and particularly the abolition of the council 
of appointment. Other reforms he thought were ad- 
visable, and he recommended the further extension of 
the right of suffrage and the election of justices of the 
peace by the people. Both these recommendations 
were subsequently approved by the legislature and 
their constituents, and the constitution was amended 
in accordance with his suggestions. 

In February, 1825, President Adams tendered the 
English, mission to Mr. Clinton. The Clintonian 
Adams men urged him strongly to accept the proffered 
appointment, but his confidential friends advised him 
against it. This advice was hardly needed, for it was 
so palpably a scheme to get rid of him before the next 
presidential election, that he did not hesitate promptly 
to decline the appointment. It was justly feared that 
he might soon become a formidable rival to Mr. Adams, 
for his popularity was now rapidly on the increace. 

After the adjournment of the legislature, and tow- 
ard the latter part of May, Mr. Clinton visited Phila- 
delphia, where he was received with great respect, and 
complimented with a public dinner. Shortly after this, 
he was honored by a formal invitation from the state 
of Ohio to be present at the ceremony of breaking 
ground on her magnificent canal. The invitation was 
accepted, and, in company with several friends, he com- 
menced his western tour. The highest honors awaited 
him in the Buckeye state, and as the day appointed for 
the ceremony was the anniversary of independence, 



CANAL CELEBRATION. 301 

a vast concourse of people assembled to greet iiim. 
When he rose to address them, says an eye-witness, 
the entire mass, " by one simultaneous movement, 
which could only have been prompted by one common 
absorbing emotion of respect, rose from their seats."* 
Mr. Clinton was sensibly touched by this mark of re- 
spect, and could with difficulty give utterance to- his 
thanks. From Ohio he proceeded to Louisville, Ken- 
tucky, where a public dinner was tendered to him and 
accepted. 

The year was destined to be one of continued jubi- 
lees and rejoicings. Returning from the west, Mr- 
Clinton had the prouder satisfaction of taking part in 
the celebration of his own state. Early in October, 
1825, it was announced that the Erie Canal would be 
in readiness on the 26th instant, to permit the passage 
of boats from Buffalo to the Hudson ; and extensive 
preparations were made for honoring the occasion as 
best became it. Cannon of large calibre were sta- 
tioned, at proper intervals, along the canal and river, 
from Buffalo to Sandy Hook, to announce the depart- 
ure of the first boat from Lake Erie to tide- water, and 
to keep up continuous salutes. " xlt nine o'clock on 
the morning of the 26th, a procession was formed in 
front of the court-house [Buffalo.] It consisted of the 
governor and lieutenant-governor of the state, the 
New York delegation, delegations from villages along 
the whole line of the canal, various societies of me- 

* Eulog}' of Alfred Conkling, 1828. 



DE WITT CLINTON. 



chanics with appropriate banners, and citizens gener- 
ally; the whole escorted by the Buffalo band, and 
Capt. Rathbun's rifle company. The procession moved 
down Main street to the head of the canal, where the 
pioneer boat, the ' Seneca Chief,' was in waiting- 
The governor and lieutenant-governor, and the com- 
mittees, including that of Buffalo, were received on 
board. * * * * All things being in readiness, the 
signal gun was fired, and continuing along from gun 
to gun, in rapid succession, in one hour and twenty 
minutes the citizens of New York were apprised that 
a boat was departing from the foot of Lake Erie, and 
was on its way ' traversing a new path to the Atlantic 
Ocean.' The Seneca Chief led oft' in fine style, 
drawn by four gray horses fancifully caparisoned. 
Three boats, the Perry, Superior, and Buffalo, fol- 
lowed."* 

Thus, like the Roman conqueror honored with a 
triumph, was Mr. Clinton borne along toward the Capi- 
tal. Celebrations and addresses, bonfires and rejoic- 
ings, marked his progress to the Hudson, From Albany 
he proceeded down the river to New York, and accom- 
panied by an immense fleet of boats and steamers, 
three miles in circumference, sailed through the bay 
and Narrows to Sandy Hook, where, from the deck of 
a vessel, he emptied a keg of water brought from Lake 
Erie on the Seneca Chief into the Atlantic Ocean, ac- 
companying the act with appropriate remarks. With 
* Turner's History of the Holland Purchase, p. 634. 



REELECTION. 303 

this ceremony, reminding one of the spousals of the 
Adriatic, closed the protracted celebration. 

While Governor Clinton was enjoying the honors 
and commendations so well deserved, the bucktails 
were busily preparing for the fall election. This took 
place in November, and resulted in their complete res- 
toration to their former ascendency in the state legis- 
lature. 

It is impossible to disguise the fact, that the governor 
sought to strengthen himself by recommending improve- 
ments in various sections of the state. In 1825 he had 
advised the construction of a state road from Lake 
Erie to the Hudson, through the south-western tier of 
counties, and the recommendation was repeated in his 
annual message in 1826. He thought the question 
should never be asked, whether a proposed improve- 
ment would ever afford sufficient revenue to repay the 
cost of construction, but that the inquiry should be, 
whether the public benefit would be promoted. These 
opinions were controverted with much ability by 
Colonel Young as a member of the Canal board, and 
they would seem properly to belong to the enthusiastic 
rather than the practical statesman. Like other men, 
Mr. Clinton had his hobbies, and sometimes rode them 
till they would bear him no longer. His views have, 
since his day, found many advocates, though they have 
never been approved by the great body of the people 
of the state. 

Toward the close of Mr. Clinton's term, it became 



304 DE WITT CLINTON. 

evident to intelligent and reflecting politicians, that a 
new organization of parties would take place. Mr. 
Van Buren and his particular friends among the buck- 
tails were preparing to support General Jackson for 
the next presidency, in opposition to Mr. Adams, and 
it was well known that Mr. Clinton concurred with 
them in sentiment. No positive or definite under- 
standing was ever had between Mr. Clinton and Mr. 
Van Buren, or their confidential friends, with reference 
to their acting together in the support of General Jack- 
son ; but it was tacitly understood that they agreed in 
opinion on the presidential question, and this produced 
a more friendly state of feeling between them. Edwin 
Croswell, the editor of the Albany Argus, Benjamin 
Knower, the former state treasurer, and other leading 
bucktails and friends of Mr. Van Buren, occasionally 
dined with Mr. Clinton ; and the particular friends of 
the latter were appointed by him, in several instances, 
to important offices, and confirmed by the republican 
majority in the Senate, because they were known to 
be Jackson men. 

The rank and file of the bucktail, or republican 
party, were still decidedly hostile to Mr. Clinton ; and 
this was also the case with the prominent men among 
them who were friendly to Mr. Adams. It was the 
policy of Mr. Van Buren and his Jackson friends to 
bring over the great body of the party to the support 
of their favorite, and this they were ultimately enabled 
to do, for the Clintonians, having, for the most part, 



SUPPORT OF GENERAL JACKSON. 305 

originally been federalists, were inclined to sustain Mr. 
Adams. Some few of the latter were prepared to come 
out openly for General Jackson, whenever Mr. Clinton 
gave the word, but matters were not considered ripe in 
1826. Accordingly, the bucktails nominated William 
B, Rochester as their candidate for governor, and the 
Clintonians put their favorite once more in nomination. 
The bucktail candidate for lieutenant-governor, Na- 
thaniel Pitcher, was a Jackson man and a friend to the 
state road, while theClintonian candidate, Henry Hunt- 
ington, was an Adams man and not favorable to the 
construction of the proposed road. Judge Rochester 
was also an Adams man and unfriendly to the road. 
In the city of New York, the more zealous Jackson 
men openly supported Mr. Clinton and Mr Pitcher, 
and many Clintonian Adams men voted for Judge 
Rochester. But the two parties generally supported 
their respective nominations, except in the southern 
and south-western counties, where the friends of the 
state road gave Mr. Clinton and Mr. Pitcher a heavy 
vote and thus secured their election. 

In the legislature of 1827, the bucktails had a large 
majority, and most of the members belonging to that 
party were likewise Jackson men. Mr. Van Buren 
was now a candidate for reelection to the United States 
Senate, and was duly chosen to that office, with the 
votes, too, of the Clintonian Jackson men. Immedi- 
ately after this result, the confidential friends of Mr. 
Clinton and Mr. Van Buren openly announced their 



2a 



306 DE WITT CLINTON. 

intention to support General Jackson, and in a few 
months the old republican party was once more re- 
united. A number of Mr. Clinton's personal friends 
who had been federalists continued to adhere to him, 
but most of the original members of that party still on 
the stage of action, arrayed themselves on the side of 
Mr. Adams. Some few of the bucktails, also, took the 
same ground, though nearly all decided to follow the 
fortunes of Mr. Van Buren. Here and there were in- 
dividual exceptions, but, as a general rule, the new 
Adams and Jackson parties, in the state of New York, 
were thus organized. 

Efforts were made in the state of Virginia and in 
New York, as well as in some of the western states, to 
bring forward Mr. Clinton for the presidency, but he 
was not disposed again to hazard his cause prema- 
turely, and therefore resisted all the importunities of his 
friends. He adhered faithfully to General Jackson, and 
on the 8th day of January, 1828, he presided at a pub- 
lic dinner given in the city of Albany, in honor of the 
hero of New Orleans. 

The second term of Mr. Clinton under the new con- 
stitution passed by with few incidents of importance. 
In his annual message at the regular session in 1827, 
he repeated his recommendations in behalf of an exten- 
sive plan of internal improvements, though, at the same 
time, he advised the speedy extinguishment of the public 
debt. He further recommended, that the banking system 
of the state should be thoroughly remodelled, in order to 



LAST MESSAGE. 307 

prevent ruinous expansions and sudden contractions of 
bank discounts, and to insure a sound paper currency. 

In January, 1828, Governor Clinton communicated 
his last annual message to the legislature. Like all his 
state papers, it was able and interesting. He again re- 
commended additional internal improvements, and the 
construction of lateral and tributary canals. The en- 
couragement of domestic manufactures, to which he 
was ever friendly, and the agricultural condition and re- 
sources of the state, were prominent topics discussed in 
the message. But its crowning feature was his eloquent 
remarks in regard to common schools. This subject had 
ever been one in which he had taken deep interest, and 
his "last words" in regard to it are worthy to be preserved. 

He recommended the establishment of schools for 
the instruction of teachers in each county town in 
the state, and called the attention of the legislature to 
the importance of providing in a suitable manner for 
all classes of youth, whether rich or poor, high or hum- 
ble, the youngest as well as those who were more ad- 
vanced in years. " That part of the revised laws 
relative to common schools," he remarked, " is operative 
on this day, and presents the system in an intelligible 
shape, but without those improvements which are re- 
quisite to raise the standard of instruction, to enlarge 
its objects, and to elevate the talents and qualifications 
of the teachers. It is understood that Massachusetts 
has provided for these important cases ; but whether 
the experiment has as yet been attended with promis- 



308 DE WITT CLINTON. 

ing results, is not distinctly known. It may, however, 
be taken for granted, that the education of the body of 
the people, can never attain the requisite perfection, 
without competent instructors well acquainted with the 
outlines of literature and the elements of science. And 
after the scale of education is elevated in common 
schools, more exalted improvements ought to be en- 
grafted into academical studies, and proceed in a cor- 
respondent and progressive ascent to our colleges. 

** In the meantime, I consider it my duty to recom- 
mend a law, authorizing the supervisors of each county 
to raise a sum not exceeding two thousand dollars, 
provided the same sum is subscribed by individuals, for 
the erection of a suitable edifice for a monitorial high 
school, in the county town. I can conceive of no 
reasonable objection to the adoption of a measure so 
well calculated to raise the character of our school- 
masters, and to double the powers of our artisans, by 
giving them a scientific education. The fixing the 
building in the county town, will save local conflicts, 
and, as the execution of the law will be discretionary 
with the supervisors, they may advance to the object 
with the proi)itiating progress of public sentiment. * * * 

" Permit me to solicit your attention to the two ex- 
tremes of education — the highest and the lowest : And 
this I do, in order to promote the cultivation of those 
whom nature has gifted with genius, but to whom for- 
tune has denied the means of education. Let it be 
our ambition, (and no ambition can be more laudable) 



LAST MESSAGE, 309 

to dispense to tne obscure, the poor, the humble, the 
friendless, and the depressed, the power of rising to 
usefulness, and acquiring distinction. With this view, 
provision might be made for the gratuitous education 
in our colleges, of youth eminent for the talents they 
have displayed, and the virtues they have cultivated ia 
the subordinate seminaries. This would call into ac- 
tivity all the faculties of genius, all the efforts of in- 
dustry, all the incentives to ambition, and all the 
motives to enterprise, and place the merits of transcen- 
dent intellect on a level at least with the factitious 
claims of fortune and ancestry." 

The conclusion of his message was in his happiest 
style, and was both beautiful and impressive. Bearing 
in mind how soon he was summoned to join the assem- 
bly of the dead, it seems like the last admonition of a 
dying patriot. " We are inhabitants," said he, " of the 
same land, children of the same country, heirs of the 
same inheritance, connected by identity of interest, 
similarity of language and community of descent, by 
the sympathies of religion, and by all the ligaments 
which now bind man to man in the closest bonds of 
friendship and alliance. Let us then enter on the dis- 
charge of our exalted and solemn duties, by a course 
of conduct worthy of ourselves and our country ; which 
will deserve the applause of our constituents, insure 
the approbation of our own consciences, and call down 
the benediction of the Supreme Ruler of the Universe." 

On the morning of the 11th of February, 1828, Mr. 



i 



310 DE WITT CLINTON. 

Clinton was in the Executive Chamber at the capitol, 
apparently enjoying his usual good health. After trans- 
acting his customary business he returned home. Hav- 
ing dined, he repaired to his study, wrote up his diary, 
read his letters and wrote several in reply. He then 
engaged in conversation with two of his sons who were 
present ; but all at once he paused, and complained of 
a severe stricture across his chest. His head almost 
immediately fell back upon his chair, and long before 
a physician could be called, he was beyond the reach 
of medicine. His death seemed to be instantaneous, 
and his countenance underwent no change ; "there was 
no strugsrle or convulsion ; the color of his cheeks was 
unchanged, and his departure was quiet as if he had 
dropped asleep." * 

His decease was occasioned by a catarrhal affection 
of the throat and chest, which had been long neglected, 
and produced a fatal disease of the heart. 

So ended the career — thus suddenly and unexpect- 
edly — of one of the greatest men New York has ever 
produced. When his prospects, once clouded, seemed 
brightening happily, in an instant the hopes of his 
friends were crushed, and his life was ended. It is 
needless to say that the shock was universally felt. 
Sorrow for the loss of such a man was no transient 
emotion, to be indulged for a moment, and then dismiss- 
ed forever. Political opponents and friends mourned 
together. At Washington the members of Congress 
* Renwick's Life of Clinton, p. 296. 



HIS FAMILY. 311 

from this state were addressed by Mr. Van Buren in 
eloquent and forcible language. Eulogies were pro- 
nounced in all the cities and principal towns in the 
state. The legislature being in session, ample provision 
was made for the funeral ceremonies, and his body was 
borne to the tomb amid all the pageantry of woe, — amid 
tears and regrets that could not be stilled or suppressed. 

Mr. Clinton was twice married. His first wife was 
Maria Franklin, the eldest daughter of Walter Frank- 
lin, an eminent merchant of the city of New York. 
By her he had seven sons and three daughters. Four 
of his sons and two daughters survived him. One of 
the sons, Charles A. Clinton, was for many years the 
clerk of the Superior Court in the city of New York ; 
another, George W. Clinton, is a prominent lawyer in 
Buffalo, and has been mayor of the city and United 
States' district attorney for the northern district of 
New York. Mr. Clinton's second wife was Catharine 
Jones, the daughter of Thomas Jones, a physician in 
the city of New York, whom he married in 1819. By 
his first wife Mr. Clinton received a large fortune, but 
for many years previous to his decease, his pecuniary 
affairs were embarrassed. He never made use of his 
official positions to amass wealth, and he was much too 
liberal and too generous to possess a very large share 
of the faculty of accumulation. He died poor, and 
the legislature voted the sum of ten thousand dollars 
as a provision for his minor children. 

In person Mr. Clinton w^as well calculated to attract 



DE WITT CLINTON. 

attention, and to command respect. His features were 
finely moulded. His forehead was broad and full, and 
his eyes keen and penetrating. His countenance was 
highly expressive, and presented a happy combination 
of the grace of beauty and the dignity of intelligence. 

His traits of character, like his political course, have 
been diffei'ently viewed by his friends and opponents. 
His eulogists and biographers seem to have been entirely 
possessed with feelings of admiration ; and the por- 
traituie of Mr. Hammond, who claims to be impartial, 
is much like an imbroglio. At one time no language 
can be sufficiently " inte^nse" to give full expression to 
his praises ; and at another, apparently through fear 
lest he should be charged with partiality, he displays all 
his little weaknesses in bold relief. He accords to him 
every characteristic of greatness, and then blackens 
his memory with the most perfect nonchalance. 

Mr. Hammond says that " among the mass of his 
fellow-citizens," Mr. Clinton was " personally unpopu- 
lar;"* and in reply to this. Judge Spencer declares 
that he was " the most popular man of his time." f 
His life affords abundant evidence that Mr. Hammond 
is mistaken. No public man of New York has ever 
had warmer or more attached friends, or enjoyed a 
higher degree of personal popularity. It may be that 
there was nothing peculiarly winning about him, and 
that he was more calculated to excite admiration than 

* Political History of New York, vol. ii. p. 270. 
I Defence of Judge Spencer, 1843. 



TRAITS OF CHARACTER. 313 

love. But popularity may have its rise in either emo- 
tion. At every step of his career, it is apparent that 
the man was worshipped more than his jirinciples. 

His habits were those of the student. He was an 
early riser, and unusually industrious. Naturally 
diffident, and inclined to fits of abstraction, as is very 
common with hard students and profound and intense 
thinkers, his coldness was misunderstood by those who 
could not appreciate him, and the reserve of his man- 
ner was mistaken for dignified imperiousness. His 
diffidence once overcome, and the barriers of his re- 
serve, which rarely offered more than a feeble resist- 
ance, broken down, he was a social and agreeable 
companion. In conversation he was rarely witty, but 
at all times interesting and instructive. He was a man 
of strong feelings, kind and affectionate, and generous 
to a fault. Occasionally he was inclined to be queru- 
lous, and often unguarded in his speech. Having been 
bred a politician, he was not always frank, and only 
opened himself fully to his most intimate friends. Yet 
he was naturally urbane and courteous, and never 
sought a personal altercation with any one unless he 
thought he had been wronged, when he did not hesitate 
to give full expression to his feelings. 

In private life he was most exemplary — not perfect, 
indeed, for who is perfect — but in matters of business, 
and in his relations toward his family and his friends, 
he was careful to discharge his duties aright, and if he 
erred, the fault was not in his heart. 

14 



314 



DE WITT CLINTON. 



In some of his mental characteristics, he was su- 
perior to any of the great men of New York ; in others 
their equal, and in none below mediocrity. He pos- 
sessed great moral courage ; was ardent and indefati- 
gable, pertinacious and inexorable. He had alike the 
boldness and versatility of Shaftesbury, and though he 
" often changed his associates, he never changed his 
purposes." His intellect was gigantic, yet it wanted 
simplicity. His views of human nature were, for a 
politician, extremely broad and liberal, comprehensive 
and enlarged; and no narrow prejudices contracted 
" the capacious breadth of his sleepless mind." 

Allusion has been made to his character as a student, 
and to the extent and variety of his studies. It cannot 
be said that he was thoroughly versed or a proficient 
in all, because one life could scarcely compass so vast 
an amount of knowledge. His education was an ex- 
cellent elementary one, and upon this foundation he 
reared a noble superstructure. Like Carteret, he was 
a profound scholar, fond of admiration, and ambitious 
to achieve a literary reputation. In every department 
of science, if not entirely at home, he had made valu- 
able and extensive acquisitions. Educated men abroad 
and at home were his correspondents and friends, and 
his talents and acquirements were honored wherever 
he was known. He was the president of the Academy 
of Fine Arts, and of the New York Literary and 
Philosophical Society, and an honorary member of the 
Linnean and Horticultural Societies of London. In 



ATTAINMENTS AS A SCHOLAR. 315 

1812, Rutgers' College conferred upon him the degree 
of doctor of laws, and in 1824 Columbia College hon- 
ored him with the same distinction. 

Himself a scholar, he was ever a steadfast friend to 
the diffusion of education among the masses. Institu- 
tions of learning of every class and grade found him a 
patron and benefactor. He was particularly interested 
in common schools. As secretary of the Regents of 
the University, he drew up the report in favor of the 
incorporation of Union College, which contained " the 
earliest official recommendation of the establishment 
of schools, by the legislature, for the common branches 
of education."* As a legislator he aided in establish- 
ing the system which is now the pride of our state ; 
and it was strengthened and perfected, in pursuance of 
his recommendations, and under his auspices, while 
occupying the gubernatorial chair. 

Though Mr. Clinton possessed the learning of Scae- 
vola, he lacked his eloquence. His manner as a 
speaker was energetic and forcible, but not graceful. 
As a writer his style was polished and correct, yet it 
was almost too elaborate. It had the energy of Mon- 
taigne, but not the gloss, or brilliancy, or eloquence, of 
the classic models of the Augustan age which he imi- 
tated. The finish of the workman was perfect and 
complete, yet he wanted the art to conceal his labor. 

Beside his state papers and decisions as a member of 

* Acc(junt of the First Semi-Centennial Anniversary of Union 
College, (1815) p. 112, note. 



316 DE WITT CLINTON. 

the Court of Errors, and the speeches and addresses 
before mentioned, he left behind him an address before 
the Free School Society of the city of New York, of 
which he was president, delivered in 1809 — an address 
before the American Bible Society, of which he was 
subsequently the presiding officer, delivered in 1823 — 
and an address before the Phi Beta Kappa Society of 
Union College, also delivered in 1823. All these pro- 
ductions are characterized by great ability, and afford 
ample evidence of the capacity and richness of his 
mind and the extent of his learning. 

He early attached himself to the Masonic Society, 
and in 1816 was unanimously elected to the highest 
office in that institution in the United States. His 
heart was full of benevolence, and no enterprise hav- 
ing that in view appealed to his sympathies in vain. 

Different opinions have been entertained in regard 
to his character as a politician. This is natural, — for 
like Chatham he had many incongruities. He was a 
great statesman, and he had great faults and great vir- 
tues. He abounded in opposites, and was full of seeming 
contradictions. Though he loved admiration and often 
acted for effect, he was not a demagogue, nor did he 
delight in coquetting with " that many-headed monster, 
the mob." He was fond of power, but a conserva- 
tive in disposition, and hated, equally, federalism and 
Jacobinism. He was firm and consistent in his prin- 
ciples, yet, like Halifax, an expert "trimmer." He 
was not moderate and cautious, and thus able to keep 



CHARACTER AS A POLITICIAN. 317 

himself ill office, as Burleigh or Liverpool, but original, 
dashing, and dazzling, like Bolingbroke or Canning. 
He could not endure a rival any more than Sir Robert 
Walpole, nor was he disposed, upon party questions, to 
be either courteous or liberal toward his political oppo- 
nents. In his own party he was unwilling to own or ac- 
knowledge a superior, and he thought his will should be- 
regarded, if for no other reason, because it was his will, 

He was ambitious, — that need not and cannot be 
disguised. Yet he loved his country and her institu- 
tions in all sincerity and truth. In his youth he spoke 
and wrote against the adoption of the federal consti- 
tution, and throughout his life he was a state-rights re- 
publican. To New York he was warmly attached. 
Mingled with all his aspirations was his undying love 
for his native state. Toward her he cherished the de- 
votion of a son ; and if, at any time adopting her noble 
motto — " Excelsior!" — he purposed to rise higher, it was 
his desire that she should be the companion of his flight. 

New York, indeed, owes him a debt of gratitude, 
which it will be difficult to repay. " The greatest pub- 
lic improvement of the age," said his distinguished 
rival, Martin Van Buren, " was commenced under the 
guidance of his counsels, and splendidly accomplished 
under his immediate auspices."* " This state," said 
another prominent political opponent, " since the for- 
mation of its government, — nay more, since the set- 
tlement of the country, — has never produced an indi- 

* Address to the members of Congress from New York, Feb. 1828. 



318 DE WITT CLINTON. 

vidual who has exerted so great an influence upon the 
interests of the state, or whose name is more likely to 
be perpetuated in history."* 

It is, perhaps, for the interest he took in works of 
internal improvement, in promoting the welfare and 
happiness of the American people, and of the citizens 
of his own state in particular, that Mr. Clinton will be 
longest remembered. The fame of the statesman will 
grow dim — the laurels of the warrior may fade — but the 
merits and virtues of the public benefactor will live 
forever in perennial bloom. Much has been said and 
written, and justly too, in disapprobation of the neg- 
lect of the people of New York to erect a suitable 
monument to his memory, — yet De Witt Clinton needs 
no monument. The benefits conferred by Peter and 
Alexander upon their country will do more to perpetu- 
ate their names and their fame than the equestrian 
statue or the noble monolithe that adorn the Russian 
Capital. The Simplon is a far prouder monument to 
the memory of Napoleon, than the Arc de I'Etoile. 
So of our Clinton, — the canals of New York, and the 
schools and seminaries of learning of which he was 
the friend and patron, are his most appropriate monu- 
ments. Of him it may be truly said, in the language 
of the inscription in St. Paul's Cathedral, in honor 
of the great English architect — 

" Si monumentum requiris — circumspice !" 
* Remarks of Benjamia F. Butler in N. Y. Legislature, Feb. 1828. 




Sixf./i doirmor rl' Nen ■ Trrh-. 



AiA ''IMichflaiilJJ/asf.iuy.' 



JOSEPH C. YATES. 

Among the earliest settlers at Schenectady, or Cor- 
lear, as it was styled in the olden time, was Joseph 
Yates, — an honest, pains-taking, and enterprising Eng- 
lish yeoman. He was a native of Leeds, in Yorkshire, 
and emigrated from the mother country to the colony 
of New York, during the troubles between Charles I. 
and his subjects, and shortly before the establishment 
of the Commonwealth. 

His descendants were numerous; — but, although 
they preserved the patronymic of their ancestor, they 
soon lost their nationality, in a great degree, by frequent 
intermarriages with their Dutch and German neigh- 
bors. The Yates figure conspicuously in the early 
annals of our state, and in the Revolution they were 
staunch Whigs. This was the more remarkable, be- 
cause the Tories were undoubtedly the most numerous 
in the section of country in which they resided ; and 
with some of the prominent loyalists they were them- 
selves connected by marriage. Nearly all the inhabi- 
tants of the valley of the Mohawk, and the intersecting 
vale of Schoharie, of English or Scotch descent, were 
Tories ; but the Germans and Dutch, with the cxcep- 



320 JOSEPH C. YATES. 

tion of those families allied to the Johnsons, or under 
their influence, were Whigs. 

Robert Yates, one of the first judges of the Supreme 
Court of New York, and subsequently Chief Justice ; 
Abraham Yates, Jun., an influential citizen of Albany, 
and afterwards its mayor ; and Christopher Yates, the 
father of the subject of this sketch, were cousins, and 
at an early day identified themselves with the great 
movement which terminated in the independence of 
the American colonies. Chief Justice Yates was a 
member of the Committee of Public Safety, and of the 
convention that adopted the state constitution, in 
1777. When a judicial appointment was tendered to 
him, his practice as a lawyer was extensive and lucra- 
tive. " Regardless, however, of private interest, he 
entered upon the duties of that office, rendered at the 
time peculiarly delicate and dangerous. He sat upon 
the bench, as a writer has expressed it, ' with a halter 
about his neck,' exposed to punishment as a rebel, had 
our eftbrts for emancipation proved abortive ; nor were 
these the least of his dangers. For in counties ravajred 
or possessed by the enemy, or by secret domestic foes 
watching every opportunity to ruin or betray their 
country, he was sometimes obliged to hold his courts. 
But no dangers could appal, nor fears deter him, from 
a faithful and honest performance of the functions of 
his office." * He represented New York in the Phila- 

* Secret Proceedings and Debates of the Convention of 1787, (Rich- 
mond, 1839,) p. 330. 



HIS PARENTS. 321 

delphia convention in 1787, and was also a member of 
the state convention called to ratify the federal consti- 
tution. 

Abraham Yates, Jun., was widely and favorably 
known for his active exertions in support of the Whig 
cause during the revolutionary struggle : he wrote a 
number of spirited patriotic articles, that were publish-- 
ed over the signatures of ' Sidney' and ' Rough-Hewer,' 
and attracted much attention. 

Christopher Yates w-as one of the leading men of 
Schenectady for many years prior to the Revolution. 
During the last French and Indian war he held a cap- 
tain's commission in the provincial troops. He took 
part in the unsuccessful attempt made in 1758, to dis- 
lodge General Montcalm from his position at Ticon- 
deroga, and while bravely leading his men to the assault 
was disabled by a severe wound. In the following 
year, he accompanied the army under General Pri- 
deaux and Sir William Johnson, in the expedition 
against Fort Niagara, and was present at the capture 
of that important work. 

The conquest of Canada having been effected, and 
peace restored, he returned to his duties and occupa- 
tions as a citizen. Shortly after the termination of 
hostilities, he was elected to the colonial legislature, 
and continued a member of that body for several suc- 
cessive years. In the stirring questions that agitated 
the colonies previous to the Revolution, he was deeply 
interested, and manifested his opinions both in action 



21 



322 JOSEPH C. YATE3. 

and in word. On all occasions he boldly and fearlessly 
advocated a determined resistance to the oppressions 
of the English ministry ; and when peaceful measures 
had failed to secure redress for the multiplied wrongs 
which the colonists had suftered, he was among the 
first to recommend a resort to force. Though allied 
to the notorious Butlers, whose deeds of infamy and 
cruelty stand out in such bold and dark relief on the 
pages of American history, he cherished no feeling or 
principle in sympathy with them.* 

When the first alarm was raised, his services were 
offered to his country. A commission in the New 
York troops was tendered to him and accepted, and he 
was ultimately promoted to the rank of colonel. 
Throughout the war he was employed on the northern 
frontier. He was at the battle of Saratoga, and wit- 
nessed the surrender of Burgoyne. Punctual and 
faithful in the discharge of every duty, he gained the 
confidence of his superiors, and won the respect of 
those under his command. 

Colonel Yates married Jane Bradt, whose memory 
is at this day affectionately cherished by her posterity, 
as that of an excellent and pious woman. She was 
descended from an old and respectable Dutch family 
that emigrated to the colony of New York, and settled 
in the lower valley of the Mohawk, at a very early 
period. She Vv'as the mother of several children, sons 
and daughters. Of the former, Joseph C. was the 

* Colonel Yates was a brother-in-law of the son of Jolin ButJcr. 



HIS BROTHERS. 

governor of the state ; Henry represented the Eastern 
senatorial district, for a number of years, in the legis- 
lature of New York, and was a member of the council 
of appointment,* — he was also a delegate from the 
county of Schenectady to the Convention of 1821 ; 
John B., recently deceased, was for a long time a re- 
spectable and prominent citizen of Madison county ; 
and Andrew, " the conscientious, punctual, and kind- 
hearted," f was an eminent clergyman, a professor in 

* This venerable and estimable man, now a resident of the city of 
Albany, seems to have incurred the especial displeasure of Mr. Ham- 
mond, with whom he was associated as a member of the council of ap- 
pointment in 1818 ; and he is described in the Political History of that 
gentleman as a "^ professed republican Clintonian," and a bargainer for 
office, (vol. L p. 458, et seq.) These calumnious imputations are in 
every respect unjust and undeserved. Senator Yates was an honest 
and high-minded politician ; one who could not be tampered with, and 
whose practice always corresponded with his pro/tssion. He had been 
the constant friend of De Witt Clinton, and believed him to be the fit- 
test man in the state for governor ; yet his devotion to the republican 
party, and his attachment to repubhcan principles, were stronger than 
his friendship for any man. He had been selected for the council, as 
Mr. Hammond is forced to admit, from necessity ; and he neitlier en- 
joyed, nor desired to enjoy, the confidence of Mr. Chntoa He may 
have been regarded as a Clintonian, but he was also a repubhcan ; and 
he would not, like Mr. Hammond, lend himself to the views of Mr. Clin- 
ton, who desired to remove every republican from office who was not 
thoroughly devoted to his interests. Tlie attempt was made in the 
council of 1818, but defeated by the firnmess of Mr. Yates, who voted 
with the two Bucktail members, and thus left Governor Clinton and 
Mr. Hanamond in the minority. 

f Address of Professor Potter on the Semi-Centennial Anniversary 
of Union College, July, 1845. 



324 JOSEPH C. YATES. 

Union College, a trustee of Hamilton College, and 
principal of " The Polytechny" at Chittenango. All 
the daughters, with one exception, are now deceased. 

Joseph C. Yates was born at Schenectady, on the 
9th day of November, 1708. His early life was not 
signalized by any events of particular importance. He 
grew up a stout, hearty lad, differing only from his 
fellows in exhibiting an unusual fondness for study. 
Nature had endowed him with a fund of strong good 
sense ; and with an aptitude for acquiring information 
and habits of reflection, she had associated a cheerful 
and generous disposition. Inheriting many of the 
peculiar traits of his maternal ancestors, he adopted, 
in the spring-time of life, the favorite maxim of their 
nation — " Een-dracht maakt macht ;" — and this motto, 
like the magic word in the Arabian tale, removed many 
an obstacle that obstructed his path, and served, often- 
times, to cheer and encourage him. 

As the means of the elder Mr. Yates were compar- 
atively ample, he determined to give his sons all the 
advantao-es of education which were to be obtained in 
that part of the colony. These were, indeed, quite 
limited, at that time ; and during the continuance of 
the war with Great Britain, but little attention was 
paid to the instruction of the rising generation. Lib- 
erty was thought by the colonists to be " the chief 
good ;" and when that was secured, time and oppor- 
tunity would be afforded for taking care of those 
objects necessary to its preservation. The academy 



HIS EDUCATION. 325 

at Kingston was the only institution of importance in 
the province, out of the city of New York ; and most 
of the families in the northern counties, who were 
able, employed private tutors for their children. This 
was particularly necessary after the opening of hostili- 
ties. New York then resembled a fortified camp 
rather than a peaceful state. The weapons of carnal 
warfare stood beside the emblems of religion in the 
temple of God ; legislators sat with arms in their 
hands ; the farmer shouldered his musket when he 
went out to his daily task ; and the rifle was the com- 
panion of the lover in his visits to his mistress. 

At the commencement of the Revolution, Colonel 
Yates employed a Mr. Jacob Wilkie as his family 
tutor, who remained with him in that capacity for 
several years, and until death terminated his labors as 
a teacher. After the occurrence of this event, Joseph 
was sent to Caughnawaga, and placed under the tuition 
of the Rev. Dr. Romeyn, who was assisted by his son 
Theodoric Frelinghuysen Romeyn. In this secluded 
country hamlet, it was not, of course, to be expected, 
that a knowledge of the great world should be obtain- 
ed ; its follies and its vices are rarely learned amid the 
solitudes of nature, where nothing is in harmony with 
them ; but they oftener flourish in the crowded seats 
of learning, where scholastic attainments of the highest 
grade are acquired, — the pure being mingled with the 
impure — the bright and the dark blended together. 



326 J08KPH C. YATES. 

Yet the germs of a substantial education were there 
planted, and with them, too, 

" The seeds of Truth and Virtue, holy flowers 
Whose odor reacheth Heaven !" 

Joseph remained at Caugimawaga, till a residence 
there was deemed unsafe, on account of the repeated 
incursions of the Johnsons and the Mohawk leader, 
Joseph Brant. He then returned to Schenectady, and 
continued his studies with the Rev. Alexander Miller, 
a Presbyterian clergyman, who instructed him in all 
the branches of education commonly taught at colleges. 
Mr. Miller eventually gave up his school, whereupon 
a few gentlemen of Schenectady procured the valuable 
services of John Honeywood as an instructor. With 
him Joseph completed his education, and then entered 
the office of his father's cousin, Peter W. Yates, a 
lawyer of considerable distinction, and an active and 
leading anti-federahst, in the city of Albany. While 
a student at law, he was under the guardianship of his 
father's uncle, Abraham Yates. 

Having spent the usual time in the study of his 
profession, he was admitted to practice, and immedi- 
ately opened an office in his native town. Endeared 
to the inhabitants of Schenectady and the surrounding 
country, by his connection with the oldest and most 
respectable families in the Mohawk valley, and yet 
more, by his many kindly qualities of head and heart, 
he soon reaped the substantial rewards of industry and 



FIRST MAYOR OF SCHENKCTADY. -327 

application. A prudent and sagacious counsellor, and 
sufficiently able and skilful as an advocate, he secured 
far more than an average number of good and substan- 
tial clients, who implicitly trusted him as an adviser, 
and sincerely esteemed him as a friend. 

But it was not only in the line of his profession 
that he became a useful citizen. The circumstances 
of his own education had shown him the necessity and 
importance of establishing a seminary of learning, at 
which all the higher studies should be taught, in the 
northern part of the state. With other members of 
his family, therefore, — and with the Glens, the Fondas, 
the Van Ingens, the Oothouts, the A^eeders, and the 
Duanes, — he was very active in founding Union Col- 
lege. He was one of the persons to whom the funds 
raised by subscription were required to be paid, and 
also one of the lirst trustees named in the charter 
granted by the Regents of the University in 1795. He 
always took a deep interest in the welfare of this insti- 
tution, and remained a member of the board of trustees 
up to the time of his decease. 

In March, 1798, Schenectady was incorporated as a 
city,* and Mr. Yates was selected as the first mayor. 
The welfare of the town had ever been near to him, 
but from this time forward, he was particularly con- 
cerned in the promotion of her prosperity ; and in 
return for advancing their interests, her citizens fre- 

* Previous to its incorporation, tho corporate property was held 
under letters patent granted iii 1684. 



328 .•!' JOSEPH C. YATES. 

quently bestowed upon him tlie most flattering proofs 
of their confidence and regard. 

Mr. Yates became a voter shortly after the adoption 
of the federal constitution, and he was consequently 
too young to have participated to any great extent in 
the exciting contest that preceded its ratification. But 
his associations and sympathies were all with the anti- 
federalists. His legal preceptor, Peter W. Yates, was 
especially violent in his opposition to the constitution, 
and was one of the most active participants in an 
affray that took place between the federalists and anti- 
federalists of the city of Albany, in the spring of 1788, 
The latter had publicly burned the constitution, and 
the federalists attacked them with swords and bay- 
onets. Their opponents replied with paving stones 
and brick-bats, and a serious conflict ensued, in which 
several persons were dangerously wounded. Chief 
Justice Yates, and other members of the family, were 
likewise earnestly opposed to the ratification of the 
constitution, and the former retired from the Philadel- 
phia convention, because of his disapprobation of its 
proceedings. But when the requisite number of states 
had ratified that instrument, all further opposition was 
rendered useless and unavailing ; and as the necessary 
steps were taken to secure the adoption of the amend- 
ments desired by the anti-federalists, the Yates acqui- 
esced without a murmur, as did many other republicans 
of the straitest sect, in the decision which had been 
pronounced. 



ELECTED TO THE STATE SENATE. 329 

Joseph C. Yates united with the republican party, 
and supported its candidates, when he first exercised 
the privilege of an elector. His political preferences 
were decided ; but he never displayed the violence or 
vindictiveness of a partisan. Inducements for enter- 
ing public life were repeatedly held out to him, but he 
preferred to follow the legitimate pursuits of his pro- 
fession and to enjoy its emoluments ; or if he consent- 
ed to serve his fellow-citizens in an official capacity, 
it was such as did not withdraw him entirely from his 
ordinary vocation. For more than fifteen years he 
devoted himself with untiring assiduity to his constant- 
ly increasing legal business, and at the expiration of 
that period he had the satisfaction of finding himself, 
not only in the receipt of a respectable income, but 
occupying a highly honorable position in the front rank 
of the bar. 

Prior to the April election in 1805, a division arose 
between the republicans of Schenectady and Albany, 
in regard to the selection of a candidate for senator 
from the eastern district ; those residing in either city 
claiming, respectively, that the choice of one of the 
candidates belonged to them, in preference to the oth- 
ers. As the matter could not be compromised or set- 
tled, the republicans of Schenectady inserted the name 
of Joseph C. Yates, on the ticket with the other nomi- 
nees of their party in the district, and the republicans 
of Albany adopted John P. Quackenboss as their par- 
ticular candidate. The latter received the countenance 



330 , JOSEPH C. YATES. 

of the Albany Register, the leading republican paper 
in the state, and by that means, a greater proportion 
of the republicans in the district were induced to cast 
their votes in his favor. But Mr. Yates was exceed- 
ingly popular in his own vicinity, where he received 
an almost unanimous vote, and the federalists generally 
supported him. With their assistance, in addition to 
that of his republican friends, he was elected over Mr. 
Quackenboss by a large majority. 

Mr. Yates continued to practice his profession, after 
his election to the senate, with the same zeal and fidel- 
ity which had characterized him in former years. As 
his legislative duties engrossed but a small share of his 
time, the interests of his clients were not permitted to 
suffer through his inattention or neglect. 

The election of Daniel D. Tompkins as governor of 
the state, in 1807, and his consequent resignation of 
the judicial office which he had previously held, occa- 
sioned a vacancy on the bench of the Supreme Court, 
There were several competitors for the appointment, 
and among others, Mr. Yates was warmly urged by his 
numerous friends in the legislature from the western 
counties. Besides their influence, which was by no 
means inconsiderable, he received the powerful support 
of De Witt Clinton, whose good wishes, at that day, 
were almost a sine gud non to the political aspirant, 
if he hoped or desired to achieve success. Thus 
strengthened, the application made in behalf of Mr. 
Yates was favorably considered, and in the month of 



JUDGE OF THE SUPREME COURT. 331 

February, 1808, he was duly appointed one of the 
judges of the Supreme Court of New York. 

As a judge, he was distinguished for his plain and 
practical common sense, for his uprightness and im- 
partiality, and for the courtesy and urbanity which 
gained him the respect and esteem of the profession 
and the public. Abler jurists have adorned the New 
York bench, — more learned lawyers have pronounced 
the decrees of the blind goddess whom they served, — 
but none ever brought to the office greater honesty or 
integrity. Though he made no startling display of 
legal knowledge and acumen, he committed very few 
mistakes. His perceptions were not rapid, yet his 
judgment was clear and accurate, and his decisions 
were rarely incorrect. If he committed errors, how- 
ever, he was prompt to acknowledge them, and to sug- 
gest the appropriate remedy. 

Since the convention of 1821, a great and manifest 
change has taken place in the conduct of our higher 
judicial officers, with reference to the politics of the 
state. Previous to that time they frequently took a 
deep interest in political movements and discussions, 
and their interference was not considered at all inap- 
propriate. The ermine of the judge was not thought 
to be soiled if he appeared at the hustings, and if he 
laid aside his judicial robes to harangue his fellow-citi- 
zens at a i)arty gathering, no one called his conduct in 
question. "It was the fashion of the day, and the 



332 • ' JOSEPH C. YATES. '- 

error of the times." * Judge Yates probably con- 
cerned himself less with politics than most of his asso- 
ciates, but he never refrained from the free expression 
of his opinions, and his position was well understood. 
He supported the administration of Jefferson and Madi- 
son, and sustained Governor Tompkins while he was 
at the head of the state government. In common with 
the great body of the republican party in New York 
he approved of the nomination of De Witt Clinton as 
a candidate for the presidency, in opposition to Mr. 
Madison, in 1812, and his name was placed at the 
head of the Clintonian electoral ticket chosen by the 
legislature in November of that year. 

In the month of February previous, Judge Yates 
was also complimented with an appointment as one of 
the Regents of the University, which station he held 
for about twenty years. 

Notwithstanding his support of De Witt Clinton, 
Judge Yates was warm and decided in his approbation 
of the war measures of the state and national admin- 
istration. He was likewise a sincere friend to the 
canal policy with which Mr. Clinton became identified; 
and he adhered to that gentleman personally, until, as 
he thought, there was too close a connection between 
him and the leaders of the federal party. In 1817, he 
was urged by his friends to become a candidate for the 
gubernatorial nomination in opposition to Mr. Clinton, 
but he declined giving the desired permission to use 

* Defence of Judge Spencer. 



NOMINATED FOR GOVERNOR. 833 

his name. He subsequently acted, however, with the 
" Bucktails," and gave his support to the project of call- 
ing a convention to amend the state constitution. 

After a long struggle between the Bucktails on the 
one side, and the Clintonians and iederalists on the 
other, the convention law was passed, and in the fall of 
1821 a new constitution was framed and adopted. The 
term of office of the governor, previously fixed at three 
years, was now reduced to two ; and a new election, 
therefore, was made necessary, in the fall of 1822. The 
opposition of De Witt Clinton and his immediate 
friends to the project of calling a convention, or, at 
least, their tardy acquiescence in the decision of the 
people, as authoritatively expressed at the polls, had 
rendered him temporarily unpopular, and it was quite 
evident that he could not be re-elected. He was not 
himself disposed to retire from the field, and many of 
his most enthusiastic admirers insisted that he was ab- 
solutely invincible ; but he finally adopted the advice 
of his more inteUigent and sagacious friends, and wise- 
ly concluded not to risk his name before the electors 
of the state at this peculiarly unpropitious juncture. 

A number of candidates for the republican nomina- 
tion for governor, were proposed by their respective 
friends, either with or without their own consent, but 
the list of rival claimants was ultimately reduced to 
two — Judge Yates and Samuel Young. The latter 
was the favorite candidate of the ultra republicans, and 
of the younger and more ardent members of the party ; 



334 JOSEPH C. YATES. 

while the former was preferred by the old and experi- 
enced politicians. At the caucus of the republican 
members of the legislature, Judge Yates received a 
large majority of votes over his competitor, and was 
declared regularly nominated. Without their own 
chosen leader, the Clintonians were utterly powerless ; 
and as they felt assured, from their knowledge of the 
man, that the course of the republican nominee, if 
elected, would be mild and conciliatory, they did not 
bring forward a candidate. The election was almost 
unanimous. Over one hundred and thirty thousand 
votes were taken, all of which, with the exception of 
about three thousand thrown in favor of Solomon 
Southwick, a self-nominated candidate, were given for 
Judge Yates. The republican candidate for lieutenant- 
governor at this election, was Erastus Root, who re- 
ceived the same unanimous vote. An entire new 
senate was likewise chosen at this time. All the 
senators elect, and five sixths of the members of as- 
sembly, were republicans. 

On the 1st day of January, 1823, Judge Yates took 
the oath of office as governor of the state. From a 
cui'sory glance at his position, it might be inferred that 
his administration commenced under the most favora- 
ble auspices. But this was not so in truth — appearan- 
ces were grossly deceptive. The vote was altogether 
too unanimous. Had there been an opposing candi- 
date supported by a powerful minority, the necessity 
of the case would have secured the preservation of a 



DIFFICULTIES OF HIS POSITION. 335 

tolerable degree of harmony and good feeling in the 
ranks of the dominant party ; but as it was, the latter 
were so largely in the majority, they fancied they 
could do pretty much as they pleased. The old con- 
stitution had been swept away, and with it all the 
superstructures, which were now to be constructed 
anew, after a different model, and upon a different 
foundation. The work of remodelling the laws, and 
adapting them to the new order of things, was com- 
paratively easy, but this was not the only, nor the great 
difficulty. The tenure of a thousand different offices 
had been changed, and many additional ones had been 
created. All these were to be filled ; for each place 
there was a score of applicants ; and when the time 
came for making the selections, divisions and heart- 
burnings, strife and dissension, were to be anticipated. 
Who, then, could envy Judge Yates his position ? — 
who wonder that he committed mistakes ? 

Hitherto it had been customary for the Executive to 
address the two houses of the legislature, in an oral 
speech, at the opening of the session ; but the more 
appropriate method of communication, in a republican 
government, by written message, was now substituted. 
The first message of Governor Yates, delivered at the 
annual session, which commenced in January, 1823, 
was brief and pertinent, and in all respects a credita- 
ble production. It was principally confined to the 
recommendation of various laws, the passage of which 
was required in order to carry the new constitution 



336 JOSEPH C. YATES. 

into full effect. He further commended caution in 
making changes, the encouragement of domestic indus- 
try, and economy in the public expenditures as con- 
nected with the important works then rapidly ap- 
proaching completion. 

There was no longer a council of appointment, and 
all nominations, except for the higher state offices, 
were to be made by the governor to the senate, 
for their approval and confirmation. " Early in the 
winter, the city of Albany was thronged with the 
place-hunters, whose appetites had become keenly 
whetted since the ratification of the constitution. 
Like jackals they had scented their prey afar off, 
and were already congratulating themselves, in ex- 
pectancy, upon the anticipated banquet they were 
soon to share, over the victims of the civil revolu- 
tion which had just been effected. All the hangers- 
on of the political party then in the ascendency, 
were exceedingly anxious to mend their ' battered 
and bankrupt fortunes,' and the first to make known 
the important sacrifices they had made in the cause 
of popular liberty. Among the numerous expectants 
of official preferment, and the eager aspirants to place 
and power, there were, no doubt, many honest and 
deserving men ; and it is a singular fact, that most of 
the selections made by Governor Yates, out of the 
incongruous mass that blockaded the capitol, were 
highly judicious and appropriate." 

One of the most important questions agitated and 



CONTEST FOR THE OFFICES. 337 

discussed among the politicians assembled at Albany, 
was, whether the governor would nominate, and the 
senate confirm, the old judges, for places on the bench 
of the new Supreme Court. Mr. Yates was sincerely 
desirous of acting in accordance with the wishes of 
his friends ; but, at the same time, he was constitu- 
tionally opposed to innovation and change, and he 
desired to take good care that the interests of the 
people should be protected. After some hesitation, he 
sent in the names of three of the old judges, which 
was the requisite number for the new court. Two of 
the nominees — Ambrose Spencer and Jonas Piatt — 
were especially obnoxious to most of the republican 
senators who belonged to the legal profession, and the 
nominations were promptly rejected. The governor 
instantly corrected himself, and sent in other names, 
which were approved. On another occasion, he nom- 
inated a federalist for the unimportant office of notary, 
but the senate refused to confirm the nomination. In 
the main, however, the appointments of the governor 
were satisfactory to his political friends. Where an 
appointment was to be made for a particular locality, 
he always consulted the leading men belonging to the 
party who resided in the vicinity ; and where county 
conventions were held, he usually adopted their recom- 
mendations. 

" The head of a party," said Cardinal De Retz, "' can 
do what he pleases." However true this may be in 
monarchical governments, it is the exception, rather 

15 



22 



338 JOSEPH C. YATES. : , ,, 

than the rule, in a repubHc. We have had but one 
Washington, and but one Jackson. — The great una- 
nimity with which Governor Yates had been elected, 
had served to impress him with some extravagant no- 
tions in regard to his popularity, which, in the sequel, 
he learned to estimate at their proper worth. Although 
he was elected without opposition, he was none the 
less the candidate of a political party. For the time 
he was its nominal leader, but he was also the servant 
of an army of sovereigns, and the same power that 
made him, was strong enough to unmake, whenever it 
thought proper so to do. 

Pending the exciting canvass that preceded the elec- 
tion of Mr. Munroe's successor, the question of giving 
to the people the choice of presidential electors was 
agitated in New York, and the fall election in 1823 
was more or less affected by it. As this matter will 
hereafter be examined in detail,* it is only necessary 
to remark in this place, that, in its origin, the move- 
ment was a mere electioneering device, and yet it 
added a great deal to the embarrassments of GoA'-ernor 
Yates' position, and contributed to render him unpopu- 
lar with his party, though every one admitted his mo- 
tives to be good and his intentions well-meant. 

The proposition was a captivating one, and had it 
been brought forward with the understanding, that, if 
adopted, it should go into effect in future, no plausible 
objection could have been urged against it. But the 

* See Memoir of Silas Wright, in the second volume. 



THE ELECTORAL BILL. 

design of its authors was to defeat the election of Mr. 
Crawford, and to give the coup de grace to his presi- 
dential aspirations, — and the reader, if he be familiar 
with the political history of the country, need not be 
informed that the project was successful. 

Long before the New York legislature assembled for 
its annual session, in January, 1824, it was generally 
known that this subject would be brought forward for 
the consideration of its members at an early day. So 
much had been said upon the question, during the few 
months previous, that Governor Yates thought his duty 
required him to refer to it in his message : — " The 
choice of electors of president and vice-president," 
said he, " has excited much animadversion throughout 
the nation ; and it is to be regretted, that a uniform 
rule on this subject is not prescribed by the constitu- 
tion of the United States. It is manifest, that the man- 
ner of electing may have an essential effect on the 
power and influence of a state, with regard to the 
presidential question, by either dividing the votes, or 
enabling the state, with greater certainty, to give an 
united vote ; and until a uniform rule is ingrafted in 
the constitution of the United States, the manner of 
electing will continue to fluctuate, and no alteration 
made by any one state, will produce a material change 
in the various modes now existing throughout the 
Union. In some states the people will vote by a gen- 
eral ticket ; in some by districts, and in others by the 
legislature ; and no practical remedy probably does 



340 JOSEPH C. YATES. 

exist, competent to remove the evil effectually, except 
by an amendment of the national constitution. 

" Although this state has heretofore sanctioned an 
attempt to accomplish that important object, which 
proved unsuccessful, the measure on that account 
should not be abandoned ; and as the subject has re- 
cently been brought before congress, it is to be expect- 
ed that another opportunity will shortly be presented 
for the legislature of this state to sanction an amend- 
ment, not only establishing a uniform rule in the choice 
of electors, but also securing the desirable object of 
directing such choice to be made by the people. A 
more propitious period of evincing its propriety, and 
consequently affording a more favorable prospect of 
obtaining a constitutional number of the states to as- 
sent to it, I am inclined to think has not presented 
itself since the organization of the government. Per- 
suaded that you, as the representatives of a free people, 
will only be influenced by reason and true patriotism, 
it is submitted to your wisdom and discretion, whether, 
under existing circumstances, the present manner of 
choosing electors ought, at this time, to be changed." 

Governor Yates' style as a writer was somewhat in- 
volved and obscure, but the only fair construction to 
be put upon his language is, that he desired a change 
to be made in the manner of choosing presidential 
electors, but preferred to have it general throughout 
the Union, and. to that end, looked to congress to adopt 
some one of the various propositions then pending be- 



VIEWS OF THE GOVERNOR. 341 

fore it. In the meantime, in his opinion, it was not 
advisable for the legislature to interfere, or to surrender 
their right to make choice of the electors. 

In the same message, the governor repeated his 
recommendations of the previous year, with respect 
to the encouragement of domestic manufactures by 
the imposition of duties on foreign goods imported into 
the country, the revision of the statutes of the state, 
and the economical appropriation of the public 
moneys. 

A heated and angry debate took place in either 
branch of the legislature, upon the proposition to 
change the electoral law of the state. A bill at length 
passed the assembly, authorizing the people to choose 
the electors by general ticket, but by a majority of 
votes, instead of a plurality, as was desired by the 
original friends of the measure, who termed themselves 
" The People's Party." In the senate, after consider- 
able discussion, the whole matter was disposed of, by 
the adoption of a resolution directing its further con- 
sideration to be postponed till the first Monday in No- 
vember following, at which time the legislature was 
required to meet by law for the purpose of choosing 
presidential electors. 

Very soon after Governor Yates entered upon the 
discharge of his executive duties, the friends of Mr. 
Young began to express their dissatisfaction with his 
course ; and in a short time, quite a list of grievances, 
most of which, however, were entirely fanciful, was 



342 • JOSEPH C. YATES. 

accumulated against him. He was also attacked, most 
ungenerously and unjustly, in the public prints, in a 
number of satirical articles written by De Witt Clin- 
ton, or his personal friends. Although these attacks 
annoyed him exceedingly, he was too easy in his dis- 
position to make any very serious efforts to counteract 
the machinations of his enemies. The current was 
settins: asainst him, but he had not the nerve and in- 
trepidity requisite to stem it triumphantly. It was 
charged by his opponents, that the resolution of the 
senate postponing the consideration of the electoral 
bill, was adopted in pursuance of his advice. This he 
emphatically denied ; and the charge was undoubtedly 
without foundation. Most of the prominent leaders 
of ihe republican party adhered to him faithfully, and 
insisted that he was entitled to a renomination. But 
the decision of the legislative caucus, held in April, 
1824, was adverse, and the nomination was conferred 
on Colonel Young. The People's Party also held a 
caucus, but they concluded to nominate the guberna- 
torial ticket at a convention of delegates to be held in 
the ensuing month of September. 

After the adjournment of the legislature, and during 
the entire summer and fall, the state was constantly 
agitated by the jarring strifes and controversies of op- 
posing factions. Everything was in disorder. The 
senators who had voted for the postponement of the 
electoral bill were denounced in unmeasured terms; 
and yet they and their friends supported the republican 



EXTRA SESSION OF THE LEGISLATURE. 343 

nominee for governor, who had avowed himself in 
favor of the proposed change in the mode of choosing 
electors. De Witt Clinton had been removed from 
the office of canal commissioner, and public sympathy 
was aroused in his behalf; but some of the leading 
People's men, who ultimately nominated him as their 
candidate for the gubernatorial office, had voted for his 
removal. The charmed pot of the weird sisters did 
not exhibit ingredients more various, elements more 
diverse, than were here presented. 

Governor Yates could not but feel aggrieved at the 
manner in which he had been deserted by his friends ; 
and it is possible that, amid the general confusion in 
politics, he might have fancied that the People's con- 
vention would decide to give him their support, pro- 
vided he could assure them of his readiness to support 
their favorite measure. This he was able to do, be- 
cause the adjournment of congress without adopting 
any general provision as he desired, convinced him 
that no change could be effected through their instru- 
mentality. He therefore issued a proclamation 6n the 
2d day of June, requiring the legislature to assemble 
on the 2d of August, alleging, among other reasons, for 
calling an extra session, that the people were justly 
alarmed lest their undoubted right of choosing the 
presidential electors should be withheld from them. 

This movement was an unhappy and ill-timed one ; 
and it tended to estrange from the governor many of 
his republican friends who up to that moment had con- 



344 JOSEPH C. YATES, , ., 

tinued to adhere to him. The legislature assembled in 
accordance with the proclamation, but they refused, 
by a large majority, to transact any business, and after 
a brief session of four days they again adjourned. 

At the expiration of his term of office Governor 
Yates finally retired to private life. He resumed his 
residence at Schenectady, and amid the scenes of his 
youth, with the associates and playmates of former 
years, grew old together. He remained attached to 
the republican party, and supported the administration 
of Andrew Jackson, and that of his successor. He 
rarely took any active part in the political contests of 
this period, and his last appearance on an occasion of 
that character, was as the president of an " indignation 
meeting," called in the winter of 1832, by the demo- 
crats of Schenectady, to express their dissatisfaction 
at the rejection of the nomination of Martin Van Bu- 
ren as minister to England. 

Having attained a venerable age, " like a sheaf of 
corn fully ripe," he was at length gathered to his 
fathers. He died in the city of his birth, and of his 
residence for the greater portion of his life, on the 19th 
day of March, 1837. 

Governor Yates was married three different times. 
His first wife was Mrs. Ann EUice, of Schenectady, 
by whom he had no issue. For his second wife he 
married Miss Maria Kane, a resident of Albany ; she 
bore him one daughter, who became the wife of John 
Keyes Paige, for many years a clerk of the Supreme 



APPEARANCE AND CHARACTER. 345 

Court, and afterwards mayor of Albany. His third 
wife w^as Ann Elizabeth Delancy, who is now living, 
and by whom he had two daughters ; one of them mar- 
ried Mr. J. D. Watkins, of Georgia, and the other is 
the wife of Samuel Neal, of New York. 

In person. Governor Yates was rather above the 
medium size and height. His appearance was digni- 
fied, and his manners easy and courteous. In his de- 
portment he was modest and unassuming. He was 
cautious and reserved to a degree bordering on timid- 
ity. He did not possess, in the extreme sense of the 
word, a vigorous mind, but it was well-balanced and 
disciplined. His deliberations were slow in coming to 
maturity, but his conclusions were generally very cor- 
rect. 

In all the private relations he was every way esti- 
mable. But as a public man, as a politician, he was 
not calculated to succeed. He was prudent over- 
much, and he lacked the boldness and energy, for 
want of which the most brilliant talents are often- 
times doomed to experience the bitterness of disap- 
pointment. 



MARTIN VAN BUREN. 

With the eminent statesman whose name stands at 
the head of this biographical sketch, a new race of gov- 
ernors came upon the stage. Each one of his prede- 
cessors either took part in the Revolution, or was old 
enough to participate in its closing scenes, — but when 
he first drew breath, its rolling thunders were rapidly 
dying away, and ere he arrived at the age of manhood, 
its memories were among the hallowed treasures of the 
Past. In his inaugural address as president of the 
United States, there is a happy allusion to this fact. 
" Unlike all who have preceded me," said he, " the revo- 
lution that gave us existence as one people was achieved 
at the period of my birth ; and while I contemplate, 
with grateful reverence, that memorable event, I feel 
that I belong to a later age, and that I may not expect 
my countrymen to weigh my actions with the same 
kind and partial hand." 

Mr. Van Buren was the first representative of the 
original Dutch settlers of New York, who was elevated 
to the high office of chief magistrate of the state. His 
ancestors, on both sides, were among the early emi- 




Scifruh {lovfrnor ^fJVewlbrk 



J.,a '/Mu^hnJUNa^ satiJ''J/f 



HIS FATHER. 347 

grants from Holland, who settled upon the manor of 
Rensselaerwyck, in the then colony of New Netherlands. 
His father, Abraham Van Buren, was an humble tiller 
of the soil, and occupied a farm near the present town 
of Kinderhook. He was in moderate circumstances, 
but highly respected among his neighbors, as he deserved 
to be ; for wealth, like rank, " is but the guinea stamp." 
By his children, and by those of his associates and 
cotemporaries who still survive him, he is remembered 
as a man of sterling character, of practical good sense, 
firm and decided but kind and amiable in his disposi- 
tion, and of exemplary conduct in all the relations of 
life. He married the widow of a Mr. Van Alen, and a 
distant connection of his family. Her maiden name 
was Hoes, or, as it was originally written. Goes, — the 
former being the corruption of a name not undistin- 
guished in the annals of old Netherlands. Pride of 
birth, however, has never been cherished by her de- 
scendants ; and it is barely possible that they have in- 
quired, whether their maternal ancestors belonged to 
the Gueux, or to the party of Granvella or Alva, — 
whether they fought with the Prince of Orange, or with 
Don John of Austria.* 

* There is an anecdote told of Mr. Van Buren which may not be 
inappropriate here, although it needs what the lawyers call " a verifi- 
cation," — for anecdotes of public men, in nine cases out of ten, are mere 
fables, — yet this is not at all inconsistent with his character, and it can 
do no harm to repeat it. During Mr. Van Buren's brief mission to 
England, it is said, he attended one of the soirees of Queen Adelaide, 
at which, in a conversation with him, she inquired how far back he 



348 MARTIN VAN BUREN. 

"' The mother of Mr. Van Buren is said to have been 
a vv^oman of rare excellence and worth, sincerely pious, 
and gifted with more than ordinary intelligence and 
sagacity. Both his parents lived to witness the bril- 
liant professional triumphs of their son, and to see him 
making an assured progress on the road to distinction 
and fame. The father died in 1814, and the mother 
four years later, in 1818. They were the parents of 
five children, three sons and two daughters. Martin, 
the eldest son, was the future governor and president ; 
Lawrence followed the occupation of his father, and 
now resides on the farm belonging to him in his life- 
time ; and Abraham A., like his elder brother, studied 
law, practiced for several years in the city of Hudson, 
and filled the office of surrogate of the county. 

Martin Van Buren was born in the present town 
of Kinderhook, in Columbia, then Albany County, on 
the fifth day of December, 1782. The pecuniary means 
of his father were quite limited, and he was unable to 
afford his son anything more than a common education. 
In his early boyhood the latter had manifested a fond- 
ness for reading, a quickness of apprehension, a shrewd- 
ness of observation, and an aptness of remark, that de- 
noted a superior mind, and augured well for the future. 

could trace his ancestry ? " As far back as Kinderhook, may it please 
your majesty," replied Mr. Van Buren, with the grave urbanity char- 
acteristic of him. Supposing the name to be that of some distinguished 
aboriginal chieftain, the fair descendant of a long Une of German princes 
paid still greater deference to her guest. 



EDUCATION. 

Encouraged by the advice and approbation of his rela- 
tives and friends, he zealously pursued the studies 
usually taught in the common schools of that day, and 
afterward entered the academy in the village of Kin- 
derhook. Here he made himself a tolerable proficient 
in all the higher branches of a course of English study, 
and acquired considerable knowledge of Latin. 

At the academy, young Van Buren was distinguished 
not only for his industry and application, but for his 
unwillingness to take anything upon trust, and his con- 
sequent habits of investigation and reflection. He was 
fond, too, of argumentative discussions ; he had never 
studied dialectics as taught in the schools, and knew but 
little about Aristotle or Locke, yet he was a natural 
logician, and handled the weapons, of whose very 
names he was ignorant, with great skill and ability. He 
was ambitious to surpass his companions in extempo- 
raneous speaking and English composition, and many 
were the encomiums he received for his superior excel- 
lence in these respects. 

It must not be supposed, however, that Mr. Van 
Buren obtained anything like a finished education. It 
was only a bare introduction to knowledge that he re- 
ceived, and at the early age of fourteen years, he left 
the academy forever, and commenced the study of the 
law. Except as it depended upon his own exertions, 
in his leisure hours, without a teacher, or any extrane- 
ous assistance beyond the occasional advice of a few 
kind friends, his education was completed. 



350 MARTIN VAN BUREN. 

Such, and so comparatively unimportant, was his 
preparation for the study of that great science, vi^hich 
has been pronounced " the perfection of human reason." 
The members of the profession which he had embraced 
were then distinguished, even more than now, for high 
scholarship ; and as Sydney Smith once said of educated 
men in England, Greek and Latin had become among 
them "almost the only test of a cultivated mind."* 
But of classical literature young Van Buren knew 
barely the elements, and though he labored assiduously 
while engaged in his professional studies, to correct his 
deficiency in this respect, his talents, because of it, 
have ever been underrated by men of first-rate acquire- 
ments. 

The attainments of the scholar cannot be valued too 
highly, yet they are not always absolutely necessary to 
success ; and " self-made men" — as they are perhaps 
incorrectly termed, because it seems like elevating the 
mere creature above the Creator — do not so often fail 
for the want of these, as they mar their fortunes by the 
self-sufficiency and presumption, to which as a class, 
they are exceedingly prone. Mr. Van Buren was des- 
tined to be the artificer of his own fame, and to native 
talent of a high order he added the caution and tact 
that restrained him from presuming too much. lie had 
not the varied knowledge of Crichton or Brougham, but 
he possessed that true intellectual strength, which, like 
the holy sword of Thalaba, is all-powerful in driving 
* " Professional Education" — Edinburgh Review, 1809. 



SELF-EXERTION. 351 

away those dark sorcerers that ensnare the mind, Error 
and Ignorance. He had, also, something of that innate 
genius which gives Hfe to the dull marble, inspiration 
to the poet and the orator, victory to the warrior, skill 
to the statesman, and a soul and a spirit to the corusca- 
tions of eloquence and the sallies of wit. lie was 
cheered, too, by the examples of Kepler and Ferguson, 
of Eldon and Erskine, of Franklin and Henry. Thus 
gifted, and thus encouraged, he could not fail. 

Truly, there can be no nobler sight in the universe, 
than that of a young man boldly entering the arena of 
professional life, bearing his torch proudly like the 
young champion in the grove of Academus, and alone 
and unaided carving out for himself a high destiny! 
There is something almost more than human, in his 
earnest and protracted effort to achieve a reward wor- 
thy of a life of toil and care, — in the stern purpose of 
soul, and the burning impress of constant and unweary- 
ing thought, glowing upon the brow where Genius has 
erected her altar and lighted her vestal flame. His 
faculties may be taxed to the utmost, but the lofty 
spirit and indomitable will must triumph in the end. 
The consciousness of the possession of mental power 
buoys him up and sustains him ; it arouses all his ener- 
gies into vigorous action ; it brings out all the finer 
and choicer attribute > of his nature, as does the sun- 
light the gorgeous colors of the blossom ; and it points 
him, in the language of encouragement, to the bright 
Beyond which he may hope to reach. He cannot be 



352 MARTIN VAN BUREN. 

faithless to his trust, for he knows and feels, that he 
has within him an emanation from the great centre ot 
intellect and mind, — that "God's mysteries are there!" 

In 1796, while yet in his fourteenth year, Mr. Van 
Buren entered the office of Francis Sylvester, a highly 
respectable lawyer in Kinderhook. As he had not re- 
ceived a collegiate education, nor spent any time in 
studying the classics after the age of fourteen, his term 
of clerkship, of course, was seven years. His legal 
studies, and the copying and drawing papers and plead- 
ings usually performed by a lawyer's clerk, did not en- 
gross his whole time ; but he found considerable leisure, 
which he wisely improved, for reading history, for 
making himself familiar with general literature, and 
increasing his knowledge of the more important scien- 
ces the study of which he had commenced at the 
academy. At this period there was a great deal of 
litigation in Columbia county, — though not more than 
in other counties of the same amount of population, — 
and much of this originated in courts of justices of the 
peace. These tribunals afforded to the law student a 
fine field for improvement in public speaking, in exam- 
ining witnesses, in arranging testimony, in sharpening 
the perceptive faculties, and in exercising and disci- 
plining the judgment. They were schools, too, in which 
human nature could be studied in all its phases and 
characteristics. 

Mr. Van Buren often appeared in the justices' courts 
in Kinderhook and the neighboring towns ; he was some- 



POLITICAL OPINIONS AND ASSOCIATIONS. 353 

times pitted against the veterans of the Columbia bar, 
and on one occasion, when in his sixteenth year, tried 
an important cause against two of its ablest members. 
This kind of discipline not only fitted him for the active 
duties of his profession, and laid the foundations of that 
skill and ability which he afterward displayed as an 
advocate, but it furnished him, at the same time, with 
the means of support. 

While a student, he was also an active politician. 
His father had been a warm whig during the Revolu- 
tion, and was afterward equally zealous in the support 
of George Clinton and Thomas Jefferson. The son 
inherited his party predilections, and though the repub- 
licans were in a small minority in the county, and the 
wealth and patronage, and the talent too, were ar- 
rayed on the federal side, — nothing daunted at the dis- 
parity in numbers and in strength, he placed himself 
among the opposition. His legal preceptor was a fed- 
eralist, but the ties of friendship were less powerful than 
the convictions of his judgment. He made himself 
familiar with the political intelligence of the day, at- 
tended the meetings and conventions of his party, and 
watched the movements of men and things with a keen 
and sagacious eye. During the great contest between 
Adams and Jefferson, in 1800, he advocated and de- 
fended the republican principles he had espoused, with 
all the ardor of a lover. Notwithstanding his youth, 
he frequently made speeches at the republican gather- 
ings, and wrote resolutions and addresses; and in the 



23 



354 MARTIN VAN BUREN. 

fall of 1800, being then less than eighteen years of age, 
he represented the republicans of his native town in 
the Congressional Convention for that district. 

The last year of Mr. Van Buren's clerkship was 
spent in the city of New York, in the office of William 
P. Van Ness, who was eminent both as a lawyer and 
as a politician. Mr. Van Ness was a leading member 
of the republican party, and was appointed by President 
Jefferson, a few years later, to the office of District 
Judge for the Southern district of New York. He 
was, also, a warm friend of Aaron Burr, who frequently 
visited him at his office. In this manner Mr. Van 
Buren became acquainted with the vice-president, and 
was honored with his particular notice and regard. It 
was a prominent trait in the character of Mr. Burr, to 
seek the acquaintance and friendship of promising 
young men of his own party, and they, in turn, were 
inclined to regard him as a political oracle. At 
this time he probably anticipated his nomination for 
governor in the spring of 1804, and on learning that 
Mr. Van Buren was an active politician and wielded 
considerable influence in Columbia county, he mani- 
fested toward him more than ordinary kindness. Mr. 
Burr was undoubtedly a great political tactician, but 
the young law-student seems to have already learned a 
lesson which his friend did not teach, either by precept 
or example, — and that was faithfully to adhere, at all 
times, to the nominations of his party. It will be seen, 
therefore, that the flattering attentions of this distin- 



ADMISSION TO THE BAR. 355 

guished man were insufficient to detach him from the 
support of the regular republican candidate. 

Just before he completed his twenty-first year, in the 
month of November, 1803, Mr. Van Buren was ad- 
mitted to the bar of the Supreme Court of New York 
as an attorney at law, and immediately returned to 
Kinderhook to practice his profession. By her first 
marriage with Mr. Van Alen, his mother had two sons 
and a daughter. The sons, John I. and James I. Van 
Alen, were both extremely kind to their half-brother 
Martin, and the former assisted him considerably while 
he was pursuing his professional studies. James I. was 
now a lawyer in Kinderhook, in good practice, and, 
being also an active politician,* he needed a partner in 
his business. Accordingly, upon the admission of Mr. 
Van Buren to the bar, a connection was proposed be- 
tween them and at once formed. 

The bar of Columbia county presented at this time a 
most brilliant array of intellectual strength. At its head 
were William W. Van Ness, Elisha Williams, Thomas 
P. Grosvenor, and Jacob R. Van Rensselaer, all prom- 
inent federalists, and equally distinguished as lawyers 
and politicians. Against such competitors Mr. Van 
Buren was obliged to contend, at the very outset of his 
professional life. The influence of a powerful party 
was, in great part, adverse to his success, and ultimately 
decidedly hostile to him. His energetic industry and 
promising talents had attracted notice, however, and 
* Mr. Van Alen was a representative in Congress from 1807 to 1809. 



356 MARTIN VAN BUREN. . 

were well appreciated by his political opponents. 
Great efforts were made by his federal friends and ac- 
quaintances, and by Mr. Sylvester, and his partner and 
half-brother, Mr. Van Alen, to win him over to their 
side. The inducements held out to him were many 
and powerful; for, in addition to the private friendships 
which he had formed, and desired to cherish, the landed 
aristocracy of the county, the wealth, the power and 
patronage, were with the federalists. 

None of these influences or considerations were suf- 
ficient to detach him from the party with which he had 
united ere he arrived at the age of manhood. Sprung 
from the humbler ranks in life, his sympathies were with 
the people. Without money or influential connec- 
tions, and relying solely upon his own energies and 
talents, he won his way to distinction. The federal- 
ists saw that he could not be swerved in his political 
course, and they turned upon him the whole weight of 
their artillery. The republicans, few though they were 
in number, admired both his spirit and his talents ; 
they rallied around him, and he was soon the leading 
lawyer of his party in the county. His business in- 
creased, and his clients daily became more numerous. 
All this while he was an active politician ; yet in this 
respect his position could hardly be considered an en- 
viable one. The fire of party spirit burned intensely, 
and its influence was felt in every relation of life : — it 
consumed the ties of friendship ; it gave addi^onal 
heat and bitterness to business strifes and contentions; 



HIS MARRIAGE. 357 

and in the breast of the judge, it warmed into life 
feehngs of partiality and favoritism. 

Though Mr. Van Buren was then, as he ever has 
been, distinguished for his unfailing courtesy toward 
his political opponents, he was attacked by the federal 
press, and by the speakers in that interest, with unusual 
zeal and animosity. His humble origin was referred to in 
the language of contempt; his character was traduced, 
and his talents depreciated. Being slight of frame, 
and moderate in stature, his person was also sneered 
at ; but those who watched his course attentively, must 
have been reminded of Boswell's description of Wil- 
berforce when addressing the electors of York from 
the hustings, after his triumphant return in 1784 ; — 
" I saw," said he, " what seemed a mere shrimp mount 
upon the table, but as I listened, he grew and grew, un- 
til the shrimp became a whale." — So Mr. Van Buren, 
as the difficulties multiplied in his path, bore himself 
with greater manliness, and in a very few years he 
stood beside the ablest of his federal compeers, in the 
front rank of the Columbia bar. 

In 1806 Mr. Van Buren was married to Hannah 
Hoes, a distant connection of his by the mother's side, 
and whose brother had married one of his sisters. The 
attachment which had thus ripened into marriage was 
formed in early life, and consummated as soon as Mr. 
Van Buren's circumstances would permit. His wife 
was a most estimable woman, as well in disposition as 
in character ; and how sincere and ardent was his af- 



358 MARTIN VAN BUKEN. 

fection, may be inferred from the fidelity with which 
he has treasured the memory of her who has 

" gone before 
To that unseen and silent shore." 

She died of consumption in 1818, and he has ever 
since remained a widower. By her he had four sons, 
John, Abraham, Smith Thompson, and Lawrence. 
John was for a long time a prominent lawyer and poli- 
tician in the city of Albany ; from 1845 to 1648 he 
was attorney-general ; he is now practicing his profes- 
sion in the city of New York with eminent success ; 
and there is probably no man of his age who wields a 
greater influence in the democratic party of the state. 
Abraham was educated at West Point, entered the 
army, and rose to the rank of major in the second regi- 
ment of dragoons ; after serving a few years in this 
position, he resigned on account of his ill health, but 
during the war with Mexico he offered his services to 
the government, and received the commission of pay- 
master. 

In 1804, notwithstanding his personal friendship for 
Mr. Burr, who was supported for the office of gover- 
nor by the federahsts and a small fraction of the re- 
publican party, Mr. Van Buren gave his vote — the 
first he ever deposited in the ballot-box — for General 
Lewis, as the regular republican nominee. For the 
same reason he supported Mr. Tompkins in 1807, in 
opposition to Governor Lewis, then a candidate for re- 



APPOINTED SURROGATE. 



election under circumstances similar to those of Colonel 
Burr three years previous. 

At the election in 1807 the united forces of the 
Lewisites and federalists were defeated ; Mr. Tompkins 
was chosen governor, and with him a majority of the 
republican candidates for the legislature. In the follow- 
ing winter, therefore, a new council of appointment was 
selected, by which most of the Lewisites and federalists 
were removed from office, and their places filled with 
republicans. The first official distinction which Mr. 
Van Buren ever received was conferred upon him by 
this council. On the 20th of March, 1808, he was ap- 
pointed Surrogate of the county of Columbia. 

In consequence of this appointment, and in the hope 
of adding to his professional business, necessarily limited 
in a place so retired as Kinderhook, Mr. Van Buren 
determined to remove to Hudson, the county seat, which 
he accordingly did toward the close of the year. His 
reputation as a lawyer had already extended beyond 
the limits of the county, and his removal to Hudson 
was followed by an increase of business. Wealth, and 
the honors of the profession, constantly flowed in upon 
him. Mr. Van Ness had now been appointed one of 
the Judges of the Supreme Court of the state, and there 
remained no one at the bar of the county to dispute the 
superiority with him except Elisha Williams, also a 
resident of Hudson. 

Mr. Williams and Mr. Van Buren were almost al- 
ways arrayed against each other. The former was no 



360 MARTIN VAN BUREN. 

mean antagonist, and before a jury was probably more 
effective than his rival. Both were able reasoners, but 
Mr. Williams dwelt too much upon the strong points 
of his case and amplified and illustrated them, while 
Mr. Van Buren was systematic and concise, though 
he neglected nothing. Both possessed eloquence, but 
that of Mr. Williams was extraneous to his argument, 
while that of Mr. Van Buren was inherent in it. Mr. 
Williams was imaginative and a splendid declaimer, 
and his oratory told in the jury-box. Mr. Van Buren 
was clear, plausible and convincing, and consequently 
more successful with the Court. The one trusted too 
much to his own genius, but the other was careful 
to prepare himself properly for every professional en- 
counter. 

Mr. Van Buren, however, had not pursued as thorough 
a course of legal reading and study as he desired to 
do, on account of the constant employment of his time 
in his practice, but upon his removal to the county seat, 
he found that his business, though more extensive, did 
not call him so much from home, and he determined to 
remedy the difficulty before it was too late. " He pur- 
chased a very extensive and well-selected library which 
had been the property of an eminent lawyer, then de- 
ceased, and devoted his best energies to a systematic 
and extended course of reading. But he made no 
parade of his assiduity ; indeed, his habits were rather 
fitted to conceal it. During the busy part of the day, 
he was seen constantly mingling in conversation, or 



POLITICAL COURSE. 



361 



engaged in his ordinary business, vvitli those who had 
occasion to consult him. He' mingled with freedom, 
and even with zest, in the social circle and more formal 
visiting assemblies ; and in the habitual cheerfulness 
of his manner there was nothing to indicate the severe 
student. He chose that his industry should rather ap- 
pear by its proper fruits at the bar, than be indicated- 
by morose infractions of social customs, or the anxious, 
care-worn visage, which many put on, as an evidence 
of severe thought. But in the stillness of the night, he 
buried his whole soul in the researches of legal science. 
At that propitious season, he knelt at the shrine of that 
'jealous mistress which allows no rival,' and communed 
with those eloquent oracles of enlightened reason, which 
are too often allowed to repose in silence on the dusty 
shelf"* 

Throughout the administration of Mr. Jefferson, the 
subject of this memoir was among the warmest and 
most active of his friends and supporters. He approved 
of the restrictive policy, and, generally, of all the prom- 
inent measures affecting the domestic or foreign rela- 
tions of the country. In 1808, his preferences were for 
George Clinton as the successor of Mr. Jefferson, but 
he cheerfully acquiesced in the decision of his party 
in favor of Mr. Madison. In 1810 he supported Gov- 
ernor Tompkins for reelection. In the following year 
he signalized his attachment to the venerable Clinton 



* Holland's Life of Van Buren, p. 60. 
16 



362 MARTIN VAN BUREN. 

by justifying and defending his casting vote against the 
re-charter of the old baAlv of the United States. 

In 1812, Mr. Van Buren opposed with all his ability 
and influence the proposition to charter the Bank of 
America, and w^armly sustained Governor Tompkins in 
his prorogation of the state legislature. At a repub- 
lican convention held in Columbia county, he deliv- 
ered an able speech upon this subject, and procured the 
adoption of a series of resolutions denouncing and con- 
demning the incorporation of the bank. 

Previous to the annual election in the spring of 1812, 
Mr. Van Buren was put in nomination by the republi- 
cans of the Middle District, to which Columbia county 
belonged, as their candidate for State Senator. His 
opponent was Edward P. Livingston, a Madisonian 
republican and a friend to the Bank of America. Mr. 
Van Buren w^as the regular candidate of his party, but 
Mr. Livingston, who was then a member of the Senate 
and afterward voted for the bank charter, received the 
support of the interest advocating it, and of the entire 
federal party of his district, in addition to that of his 
Lewisite friends. The former was successful, in spite 
of the influences opposed to his success ; yet his ma- 
jority was only two hundred in a poll of twenty thou- 
sand votes. From this time he remained almost con- 
stantly in public life, up to the period of his retirement 
from the presidency. 

Elected to the New York Senate as a Clintonian 
republican, Mr. Van Buren would have been faithless 



SUPPORT OF DE WITT CLINTON. 363 

to his friends had he not supported De Witt Chnton at 
the presidential election in 1812. He was not a mem- 
ber of the legislature by which that gentleman was 
originally nominated, but he undoubtedly approved of 
its proceedings. His support of Mr. Clinton was an 
error, perhaps, but after his election to the Senate he 
could not well have avoided it. Admitting that he 
erred in this respect, it will not appear at all strange, 
when we reflect that more than three fourths of the 
republican party in New York were ardently in favor 
of Mr. Clinton. 

It is a gross mistake, however, to charge Mr. Van 
Buren, as has been done in the heat of party contests, 
with opposition to the war of 1812. He approved of 
all the war measures adopted at the congressional ses- 
sion of 1811-12, including the declaration, and the 
records of the New York legislature show that he sus- 
tained the national authorities, from first to last, to the 
utmost of his ability. Had he not been convinced 
that the war would be prosecuted with greater vigor 
and energy under the auspices of Mr. Clinton than 
under those of Mr. Madison, he would have withheld 
his support from the former even at the last moment. 
But such was his firm conviction ; and, considering the 
character of the two men — the one bold and decisive, 
and the other timid and hesitating — it is impossible to 
see how he could have arrived at a different conclusion. 

Mr. Van Buren took his seat in the Senate at the 
extra session in November, 1812. Though it was his 



364 MARTIN VAN BUKEN. 

first appearance in a legislative body, his character and 
talents were so well known and so highly appreciated, 
that he was complimented with the unusual honor of 
an appointment on the committee to prepare an answer 
to the governor's speech. The answer was drawn up 
and reported by him. In it he fully approved of the 
war, and insisted, to quote its language, " that at a 
period like the present, when our country is engaged 
in a war with one of the most powerful nations of 
Europe, difference of opinion on abstract points should 
not be suffered to impede or prevent our united and 
vigorous support of the constituted authority of the 
nation." 

In the republican legislative caucus held for the 
nomination of presidential electors, Mr. Van Buren 
took a prominent part. The friends of Mr. Madison 
claimed that a portion of the electors ought to be se- 
lected by them ; but he opposed this in a speech, and 
contended that the republicans of the state had de- 
cided at the election in the spring of 1812, and at the 
legislative caucus in May following, that Mr. Clinton 
was their choice for the presidency. He earnestly 
protested, therefore, against any division of the vote of 
New York, and a majority of the caucus coincided 
with him in opinion. Through his tact and address, 
for he at once took the lead of the Clintonian repub- 
licans, electors were fixed upon, and chosen by the 
legislature, who gave their votes to Mr. Clinton. The 
federalists had now taken up Mr. Clinton as their can- 



REPUBLICAN ADDRESS. $6^, 

didate, and they held the balance of power in the legis- 
lature, between the Clintonian and the Madisonian re- 
publicans. Yet Mr. Van Buren would not, nor did he 
consent, to any union with his old opponents. The 
votes of some of the federal members were given for 
the Clintonian electors, but there was no amalgamation 
of parties. 

It has been charged against Mr. Van Buren, that, 
through his instrumentality, a bargain was made with 
the federal members, and that they agreed to vote for 
the Clintonian electors, upon the consideration that 
Rufus King should be returned to the Senate of the 
United States.* This was certainly not the case. 
There was no friendship whatsoever between De Witt 
Clinton and Mr. King ; but the federalists, without 
doubt, had an understanding with the friends of Mr. 
Clinton who favored the incorporation of the Bank of 
America. The latter were ripe for intrigue, and Mr. 
King was indebted to them for his election. 

Almost the first business of the members of the legis- 
lature at the regular session in the following winter, 
was to select candidates for the gubernatorial election, 
Mr. Van Buren advocated and voted for the renomi- 
nation of Governor Tompkins, at the republican caucus, 
and was selected to prepare the address to the electors 
of the state. The following extracts from this paper 
are favorable specimens of his style as a writer, and show 
the position which he occupied in regard to the war. 
* Defence of Judge Spencer, 1813. 



i; ■ • . 

II; 3^ MARTIN VAN BUREN. 

" In making this appeal, -which is sanctioned by usage and the ne- 
cessity of which is rendered imperious by the situation of our com- 
mon country, we feel it to be our duty, as it is our wish, to speak to 
you in the language which alone it becomes freemen to use — the lan- 
guage to which alone it becomes freemen to listen — the language 
of truth and sincerity ; — to speak to you of things as they are and 
as they should be, — to speak to you with unrestrained freedom of 
your rights and your duties, — and if by so doing we shall be so for- 
tunate as to convince you of the correctness of the opinion we hold ; 
to communicate to you the anxious solicitude we feel for our country 
and its rights ; to turn your attention from the minor considerations 
which have hitherto divided, distracted, and disgraced the American 
people, and to direct it exclusively to the contemplation and support 
of your national honor and national interests, our tirst and only object 
will be effected. 

" That tempest of passion and of lawless violence which has hitherto 
almost exclusively raged in the countries of the old world, which haa 
ravaged the fairest portions of the earth, and caused her sons to drink 
deep of the cup of human misery — not satiated by the myriads of vic- 
tims which have been sacrificed at its shrine, has reached our hitherto 
peaceful shores. After years of forbearance in despite of concessions 
without number, and we had almost said, without limitation, tiiat cruel 
and unrelenting spirit of oppression and injustice which has for centu- 
ries characterized the British cabinet, overwhelmed nation after nation, 
and caused humanity to shed tears of blood, has involved us in a war, — 
on the termination of which are staked the present honor, and the 
future welfare of America. 

" "While thus engaged in an arduous and interesting struggle with the 
open enemies of our land from without, th^ formation of your govern- 
ment requires that you should exercise the elective franchise, — a right 
which in every other country has been destroyed by the ruthless hand 
of power, or blasted by the unhallowed touch of corruption; but 
which, by the blessings of a munificent Providence, has as yet been 
preserved to you in its purity. 

" The selection of your most important functionaries is at hand. In 



REPUBLICAN ADDRESS. 367 

a government like ours, -where all power and sovereignty rest with the 
people, the exercise of this right and the consequent expression of pub- 
lic interest and pubhc feeling, is, on ordinary occasions, a matter of 
deep concern, but at a period like the present, of vital importance ; — 
to satisfy you of that importance, and to advise you in its exercise, is 
the object of this address." 

After presenting a clear and succinct account of the 
origin and causes of the war, showing the necessity 
that forced its declaration upon the government of the 
United States, and referring to the temporary repeal 
of the orders in council, and their reenactment, the 
address continues : — 

" The American people — a people rich in resources, possessed of a 
high sense of national honor, the only free people on earth, — ;had re- 
solved in the face of an observing world, that those orders were a di- 
rect attack upon their sovereignty — that a submission to them involved 
a surrender of their independence ; and a solemn determination to ad- 
here to them, was officially declared by the ruler of the British nation. 
Thus situated, what was your government to do { Was there room 
for doubt or hesitation as to the hostile views of England i No. Lest 
such doubts might prevent a rupture, to acts of violent injustice were 
continually added acts of the most opprobrious insult. While the 
formal relations of amity remained yet unbroken — while peace was yet 
supposed to exist — in cool blood an unprovoked attack is made upon 
one of your national ships, and several American citizens basely and 
cowardly murdered. At the moment your feelings were at the highest 
pitch of irritation in consequence of the perfidious disavowal of Ers- 
kine's agreement, a minister is sent, not to minister to your rights — not 
to extenuate the conduct of his predecessor — but to beard your Execu- 
tive — to add insult to injury ; and to fling contumely and re])roach in 
the face of the Executive of tlie American nation, in tlic presence of 
the American people. 



368 MARTIN VAN BUREN. 

" To cap the climax of her iniquity ; to fill up the measure of our 
wrongs ; she resolved to persist in another measure, surpassed by none 
in flagrant enormity — a measure which of itself was adequate cause of 
war — a measure wliich had excited the liveliest solicitude, and received 
the unremitting attention of every administration of our government, 
from the time of Washington to the present day ; the wicked, the odi- 
ous and detestable practice of impressing American seamen into her 
service ; of entombing our sons within the walls of her ships of war ; 
compelling them to waste their lives, and spill their blood in the ser- 
vice of a foreign government — a practice which subjected every Ameri- 
can tar to the violence and petty tyranny of a British midshipman, 
and many of them to a life of the most gaUing servitude — a practice 
which never can be submitted to by a nation professing claims to free- 
dom ; which can never be acquiesced in by government without rescind- 
ing the great article of our safety, the reciprocity of obedience and pro- 
tectioji between the rulers and the ruled. 

" Under such accumulated circumstances of insult and of injury, we 
ask again, what was your government to do ? We put the question 
not ' to that faction which misrepresents the government to the people, 
and the people to the government ; traduces one half the nation to ca- 
jole the other — and by keeping up distrust and division, wishes to be- 
come the proud arbiter of the fortune and fate of America,' — not to 
them, but to every sound head and honest heart in the nation, it is that 
we put the question, — What was yom- government to do ? Was she 
basely and ingloriously to abandon the I'ights for which you and your 
fathers fought and bled ? Was she so early to cower to the nation 
which has sought to strangle us in our infancy, and which has never 
ceased to retard our approach to manhood ? No : we will not for a 
moment doubt, that every man who is in truth and fact an American 
will say that war, and war alone, was our only refuge from national 
degradation — our only course to national prosperity ! 

"Fellow-citizens — throughout the whole period of the political 
struggles, wliich, if they have not absolutely disgraced, have certainly 
not exalted our character, no remark was more common — no expecta- 
tion more chcerfullv indulged in — than that those severe and malevo- 



REPUBLICAN ADDRESS. 369 

lent contentions vrould only be sustained in time of peace ; that Yrlien 
the country should be involved in Avar, every wish, and every senti- 
ment would be exclusively American. But unfortunately for our 
country, those reasonable expectations. have not been reali;5ed, notwith- 
standing every one knows, that the power of declaring war, and the 
duty of supporting it, belong to the General Government ; notwith- 
standing that the constitutional remedy for the removal of tlie men to 
whom this power is thus delegated, has recently been afforded ; not- 
withstanding the reelection of the same president by whom this war 
was commenced, and a majority of representatives, whose estimate of 
our rights, and whose views are similar to those who lirst declared it ; 
men, who, by the provisions of the constitution, must retain their re- 
spective stations for a period of such duration, as precludes a continued 
opposition of their measures without a complete destruction of our 
national interest — an opposition at once unceasing and malignant, is 
still continued, to every measure of the administration. * * * * 
Among the most prominent of those charges, [charges against the 
state and national administrations,] is that of enmity to commerce, on 
the part of the republican administrations. Never was there a calum- 
ny more wicked. Enmity to commerce ! "We ask, and we ask em- 
phatically, where is the evidence of it ? What is the basis on which 
they rest their claim to public confidence ? It is that the administra- 
tion is engaged in a war which they claim to be unpopular. What are 
the causes for wliich this war is waged, and which have hitherto em- 
broiled us with the nations of Europe ? They are the violation of our 
commercial rights, and the iinprcanment of our seamen! The adminis- 
tration then, are jeopardizing their interest with the people; they 
furnish weapons of offence to their adversaries ; they brave all dangers, 
for the maintenance and support of our commercial rights; and yet 
they are the enemies of commerce ! Can such base sophistry, such 
contemptible nonsense, impose on the credulity, or pervert the under- 
standing of a single honest man ? 

" Suffer not yourselves to be deceived by the pretence, that because 
Great Britain has been forced by her subjects to make a (jualitied re- 
peal of her orders, our government ought to abauduu her ground. 

16* 



24 



370 MARTIN VAN BUREN. 

That ground was taken to resist two great and crying grievances, the 
destruction of our commerce and the impressment of our seamen. The 
latter is the most important, in proportion as we prefer the liberty and 
lives of our citizens to their property. Distrust, therefore, the man 
who could advise your government at any time, and more especially, at 
this time, — when your brave sailors are exciting the admiration, and 
forcing the respect of an astonished world ; when their deeds of heroic 
valor make old Ocean smile at the humiliation of her ancient tyrant — 
at such a time, we say again, mark the man who would countenance 
government in commuting our sailors' rights for the safety of our 
merchants' goods. * * * * 

" Fellow-citizens — should those political witlings, who arc not only 
ignorant themselves of the leading points of controversy in our dis- 
putes with the belligerents, but who are uniformly assailing you as 
men destitute at once of spirit and of judgment — should they point to 
the wars which agitate and have convulsed Europe, as arguments 
against the j^rosecution of that just and necessary one which has been 
forced upon us, we know that you will indignantly repel the unfounded 
suggestion. The wars of Europe are waged by monarchs, to gratify 
their individual malice, their individual caprice, and to satiate their law- 
less ambition. Ours is in defence of rights which must be defended, 
or our glory as a nation will be extinguished — the sun of our greatness 
will set forever. As well might it have been said during the revolution 
that war should not be waged, because wars had desolated Europe. 
TTie same rights you then fought to obtain you must now fight to pre- 
serve — the contest is the same now as it was then — and the feelings, 
which then agitated the public muid, which on the one hand supported, 
and on the other sought to destroy, the liberties of the country, will be 
seen and felt in the conduct of the men of this day. * * * * 

" We solicit the honest men of all parties — to remember that ours is the 
flast republic — that all the influence of the crowned heads of Europe 
■lias been exerted to propagate the doctrine, that a government like 
oxu-s can never stand the rude shock of war ; to reflect that this is the 
first occasion in which this government has been engaged in a war, and 
that the great and interesting questions, whether man is capable of 



SUPPORT OF Madison's administration. 371 

self-government, whether our republic must go the way of its prede- 
cessors, or whether, supported by the hearts and arms of her free citi- 
zens, she shall deride the revilings, and defeat the machinations of her 
enemies, are now to be tried." 

After reading this address, no one could mistake the 
position which Mr. Van Buren occupied in relation to. 
the war. Indeed, had it not been for the support of 
Mr. Clinton by the federahsts in 1812, this would never 
have been questioned. The truth was, that nearly all 
the republican members of the New York legislature 
who were the most active in procuring the original 
nomination of Mr. Clinton, and in securing electors 
friendly to him, cordially and heartily supported the 
war measures of the national administration. This 
was especially true of Mr. Van Buren. He approved 
of the declaration of war from the first, and at all 
times, and on all occasions, defended the policy and 
the measures of Mr. Madison. His support of Mr. 
Clinton was a mere matter of personal preference, and 
he was mainly influenced in this by his ardent desire 
to see the war prosecuted with greater vigor. At the 
time, his position was well understood. Notwithstand- 
ing he had preferred Mr. Clinton to Mr. Madison, 
when the latter was reelected, he was ranked among 
the firmest friends of his administration, and was hon- 
ored with repeated marks of the confidence reposed in 
his political fidelity as well as in his ability as a law- 
yer. — Mr. Dallas, afterward the secretary of the treas- 
ury, being unable to attend the court martial held for 



372 ' MARTIN VAN BUREN. 

the trial of General Hull, Mr. Van Buren was substi- 
tuted for him as special judge advocate, and conducted 
this important proceeding, in a manner highly credit- 
able to himself, and to the entire satisfaction of the 
government. Subsequently, he was appointed to per. 
form the same duty on the trial of General Wilkinson, 
but the latter objected to the appearance of a special 
judge advocate, and his objection was sustained by the 
court. 

At the extra session of the legislature in the fall of 
1812, Mr. Van Buren voted for a resolution authorizing 
the comptroller of the state to subscribe half a million 
of dollars to the United States' loan of sixteen millions, 
which passed the Senate, but was defeated by the fed- 
eralists in the Assembly. In the winter of 1813, he 
advocated a proposition to loan the national govern- 
ment half a million of dollars, but this also failed. 

When Mr. Van Buren first entered public life, he 
was prejudiced in favor of De Witt Clinton, but a more 
intimate acquaintance seems to have been followed on 
both sides by mutual dislike. Mr. Clinton was one of 
those who at first underrated the talents of Mr. Van 
Buren, and as the latter could not be a sycophant, he 
probably felt himself slighted. He was, also, much too 
independent in his course, to follow a leader like Mr. 
Clinton, who warmly resented his support of the 
national administration, and of Mr. Tompkins in 1813. 
In consequence of these feelings, their political rela- 
tions were interrupted, and never again resumed. 



SPEECH BEFORE THE CONFERENCE COMMITTEE. 373 

Governor Tompkins was reelected in the spring of 
1813, but owing to the disaffection of Mr. Chnton and 
his personal friends, the federalists maintained their 
ascendency in the lower branch of the legislature. 
Consequently, nothing could be done, as the republican 
majority in the Senate desired, toward sustaining and 
supporting the general government in the prosecution 
of the war. The legislative session commencing in 
January, 1814, was characterized, therefore, by the 
usual disagreements between the two houses, and the 
scenes of political violence, of crimination and recrimi- 
nation, to which they always give rise. The Senate 
promptly passed such acts as the exigencies of the 
country seemed to require, but the other house as 
promptly rejected them. In order to reconcile these 
differences, committees of conference were frequently 
appointed. "In these conferences the measures in 
dispute were publicly discussed, and the discussion em- 
braced the general policy of the administration and the 
expediency of the war. The exciting nature of the 
questions thus debated, the solemnity of the occasion, 
the discussions being conducted in the presence of the 
two houses, and the brilliant talents of the parties to 
the controversy, drew vast audiences, and presented a 
field for the display of eloquence unsurpassed, in dignity 
and interest, by the assemblies of ancient Greece. 
Mr. Van Buren was always the leading speaker on the 
part of the Senate ; and by the vigor of his logic, his 
acuteness and dexterity in debate, and the patriotic 



374 ' MARTIN VAN BUREN. 

spirit of his sentiments, commanded great applause. 
A speech which he deUvered on one of those occasions 
was so replete with eloquence and patriotic views, that 
a committee appointed by the republicans of Albany, 
formally presented him the thanks of the party, and 
requested a copy for publication. This request could 
not be complied with, as the speech had been delivered 
entirely without notes." * 

Rarely has so high a reputation as a legislator been 
achieved in so brief a time, as in the case of Mr. Van 
Buren. When first elected to the Senate, he was com- 
paratively little known beyond the limits of Columbia 
and the adjoining counties, but he very soon became 
the acknowledged leader of the republican phalanx in 
the legislature. A friend of the writer, and a warm 
admirer of Mr. Van Buren, then a resident of Albany, 
describes his appearance when he first came to that 
city as a senator, as being anything else than pre- 
possessing. Dressed in a green coat, buff breeches, 
and white topped boots, and, withal, bearing himself 
somewhat jantily, he looked much more like a sports- 
man than a legislator. Only a few months passed by, 
however, before his opinions and his wishes were re- 
garded with deference in the political circles of the 
capital. He was found to be shrewd and intelligent ; 
well versed in the knowledge of human nature ; a 
skilful and ready debater ; powerful in argument, and 
eloquent, or at least interesting, on all occasions ; cool 
* Holland's Life of Van Buren, p. 1 03. 



WAR MEASURES. 375 

and cautious in deliberation, but prompt and energetic 
in execution, — and possessing such traits, it was not 
difficult lor him to reach that commanding position 
which his talents enabled him to maintain. 

The patriotic efforts of Mr. Van Buren, supported 
though they were by the eloquence of Nathan Sanford 
and Erastus Root, proved unavailing ; and the year 
1813 rolled away, without any effort having been made 
in support of the war, worthy of the character and 
position of the great state of New York, But the war 
was popular with the people, and at the annual election 
in the spring of 1814, the republicans elected a majority 
of the members of the assembly, and thus secured both 
branches of the legislature. 

Governor Tompkins lost no time in convening the 
new legislature. On account of the exposed condition 
of the state, and in view of the unexampled severity 
with which the war had been waged on the Atlantic 
coast during the summer, an extra session was called, 
which commenced in September. Mr. Van Buren 
again prepared the address in reply to the governor's 
speech. This paper abounded in patriotic sentiments, 
and in strong and eloquent language exhorted the 
people of the state to forget their party divisions, and 
to rally like brethren to the defence of the national 
honor and their common country. 

At this session several war measures of a most de- 
cided character were proposed and adopted. Among 
them were acts to encourage privateering, and to au- 



m 



MARTIN VAN BUEEN. 



thorize the raising of troops for the defence of the 
state, the latter of which was drafted by Mr. Van 
Buren. This act, commonly known as " the classifi- 
cation law," authorized the governor to place at the 
disposal of the genei-al government twelve thousand 
men for two years, who were to be raised by classifica- 
tions of the militia of the state ; and it was afterward 
justly characterized by Senator Benton, of Missouri, 
as •' the most energetic war measure ever adopted in 
our America." The federalists in the New York legis- 
lature resisted the passage of the bill at every step, 
and sought to render it and its author unpopular and 
odious, by calling it the "conscription bill." It finally 
passed both houses, and became a law on the 24th of 
October. Previous to this time a copy of it had been 
sent to Mr. Monroe, the then secretary of war, and it 
may have suggested to him some of the features of the 
similar measure proposed by him in his report to Con- 
gress of the 15th of October. 

In the council of revision, both the act to encourajre 
privateering, and the classification law, encountered the 
warm and determined opposition of Chancellor Kent, 
who, in politics, was a federal of the old school. As a 
member of the council he delivered opinions adverse 
to the bills, which were overruled by the other mem- 
bers, but made public through the Albany papers. 
Samuel Young, the speaker of the assembly, immedi- 
ately entered the lists in defence of the classification 
law, and in several articles signed " Juris Consultus" 



CLASSIFICATION LAW. 377 

to which the chancellor replied under the signature of 
"Amicus CuricB," defended the measure with great 
ability. Mr. Van Buren was well satisfied with what 
Colonel Young had said upon the subject of the im- 
peached law ; but as the chancellor had dwelt at much 
length, and with unusual earnestness, on the unconsti- 
tutionality and the immoral tendencies of the act to 
encourage privateering, he came to the aid of his 
friend, and examined the strictures of the chancellor 
in a number of ably written papers signed " Amicus 
Juris Consultus." The articles written by Mr. Van 
Buren reviewed the whole ground of controversy in 
respect to both measures, but were chiefly confined to 
the objections of the chancellor to the act to encourage 
privateering. 

At the next regular session of the legislature, which 
commenced in January, 1815, Mr. Van Buren again 
took the lead in bringing forward and advocating the 
adoption of war measures. On his motion a committee 
was appointed, of which he was made chairman, to 
consider whether any, and what, additional provisions 
were required to carry the classification law into suc- 
cessful operation ; in which duty he was engaged, when 
the intelligence was received that a treaty of peace 
had been signed in the month of December previous. 

On the 13th of February, 1815, he was appointed on 
a committee to prepare resolutions expressing the sen- 
timents of the legislature in relation to the brilliant 
victory of General Jackson at New Orleans ; and as a 



378 MARTIN VAN BUREN. 

member of the committee, he prepared the appropriate 
preamble and resolutions reported to the Senate. At 
the same session, he made an able report, from a com- 
mittee of which he was chairman, recommending a 
loan to the general government for the immediate pay- 
ment of the militia of the state who had been called 
into the national service. 

After the peace, at the regular session of the legisla- 
ture in the winter of 1816, Mr. Van Buren once more 
referred to the recent contest, in an answer to the 
governor's speech which he prepared, as a war, " not 
only righteous in its origin but successful in its prose- 
cution." — Thus, from the commencement to the close 
of hostilities, was he intimately identified, in his capa- 
city as a member of the New York legislature, with 
"the second war of Independence." No man con- 
tributed more than he to the adoption of the important 
war measures which have been mentioned. Through- 
out the contest he supported and defended both the 
national and state administrations ; he counselled and 
advised with Governor Tompkins, and sustained him 
in the energetic and decided course which he saw fit 
to pursue, in that dark period of the struggle, when a 
powerful enemy were plundering and devastating our 
frontier towns, and treason was plotting at Hartford. 

His senatorial duties did not withdraw Mr. Van 
Buren from his profession, but he continued its practice 
with a daily increasing reputation. The legal knowl- 
edge and ability displayed in his forensic encounters 



PROFESSIONAL CAREER. 

before the Supreme Court when in session at the capi- 
tol, and in his opinions as a member of the Court of 
Errors, together with the talent exhibited by him in the 
debates in the Senate, led to his appointment, in the 
month of February, 1815, as attorney general of the 
state, in the place of Abraham Van Yechten. During 
the same session of the legislature, he was also ap- 
pointed one of the regents of the university. 

After his appointment as attorney general, his pro- 
fessional business, aside from that connected with his 
office, at once became more extensive ; and in addition 
to the consideration and influence which naturally 
follow success in such a career, he reaped an abundant 
harvest of wealth and fame. He w^as often called to 
distant sections of the state, to attend the circuits ; and 
both here, and before the court in bank, he was accus- 
tomed to meet, either as associate counsel, or as oppo- 
nent, the leading members of the bar of New York, 
conspicuous among whom were Aaron Burr, Abraham 
Van Vechten, Thomas Addis Emmett, John Wells, 
John V. Henry, Elisha Williams, Samuel Jones, and 
Thomas J. Oakley. In comparison with these eminent 
advocates Mr. Van Buren suffered nothing ; and from 
the time of his appointment as attorney general till his 
final retirement from the bar, his life presents an array 
of professional triumphs and distinctions not often sur- 
passed in brilliancy. 

He was reelected to the Senate in the spring of 1816, 
and shortly afterward removed to the city of Albany, 



380 MARTIN VAN BUREN. 

on account of the increase of his professional business, 
and in order to discharge the duties of his office with 
greater ease and dispatch. In 1817, he took into part- 
nership his distinguished pupil Benjamin F. Butler, who 
has reflected so much honor on his preceptor, who 
afterward became attorney general of the United 
States and secretary of war ad interim, and is now 
justly considered one of the ablest lawers in the state 
and nation. Mr. Butler remained connected with him 
in business, till his election to the United States' Senate 
in 1821, with the exception of a few months in 1819, 
which the former spent at Sandy Hill in charge of the 
Washino-ton and Warren bank. After his election as 
a senator in Congress, Mr. Van Buren partially with- 
drew from practice, leaving his large business to Mr. 
Butler. He was occasionally employed, however, in 
important causes. In 1823, he argued the case of 
Wilkes against Lion, and in 1828, that of Varick 
against Johnson, before the Court of Errors. Both 
these cases were of great importance, as property to a 
very large amount depended on the decisions ; the ar- 
guments of Mr. Van Buren were reported at length, 
and they may be regarded as favorable specimens of 
forensic eloquence.* He appeared for the last time 
before a jury in the trial of the Astor case, and that 
of the Sailors' Snug Harbor, in the city of New York, 
in the fall of 1827. 

During the war, the canal projects, in the advocacy 

* Cowen's Reports, vol. ii. p. 333 ; Wendell, vol. ii p. 166. 



SUPPORT OF THE CANAL PROJECT. 



381 



of which De Witt Clinton took so conspicuous a part, 
were necessarily laid aside. But on the return of 
peace, the subject was again agitated with increased 
earnestness. The examinations and surveys of the 
commissioners were laid before the legislature in 
March, 1816. On the 21st instant, a committee of the 
assembly reported in favor of the immediate construc- 
tion of the Erie and Champlain canals, and on the 13th 
of April, an act passed that body providing for accu- 
rate surveys and estimates, and the commencement of 
the work without delay. But five days of the session 
remained for the consideration of the subject in the 
Senate. Mr. Van Buren was a sincere friend to the 
measure, but nearly all of his Bucktail or republican 
associates, and most of the friends of Rufus King, 
being bitterly hostile to Mr. Clinton, were opposed to 
it; and as the surveys and estimates which had been 
made were loose and inaccurate, and little to be relied 
on, he thought if the matter was pressed forward pre- 
maturely, its ultimate success would be prejudiced. 
The bill was not taken up in the Senate till just before 
the close of the session, on the 16th of April; and for 
the reason above stated, Mr. Van Buren moved to 
strike out that part of the bill authorizing the immedi- 
ate commencement of the work. This motion pre- 
vailed by an almost unanimous vote, and the assembly 
concurred in the amendment. At the ensuing session, 
in the winter of 1817, the measure was once more pro- 
posed, and on the 11th of April, the assembly passed a 



382 '' ' MARTIN VAN BUREN. 

bill authorizing the immediate commencement of the 
work. The desired surveys and estimates having now 
been made and procured, no reason existed for further 
delay, and Mr. Van Buren advocated the passage of 
the bill in the Senate with great zeal and with his usual 
ability. His speech on the subject is said to have 
been " a masterly effort ;" and when he had concluded 
it, "Mr. Clinton, who had been an attentive listener in 
the Senate chamber, breaking through that reserve 
which political collisions had created, approached him, 
and expressed his thanks for his exertions in the most 
flattering terms." * 

Through the persuasions of Mr. Van Buren, a num- 
ber of the Bucktail senators were induced to vote for 
the Canal bill, and on the 15th of April, 1817, it finally 
passed the Senate, with his vote, and, in no small de- 
gree, by reason of his influence. 

Besides his support of the war measures and the 
canal project, Mr. Van Buren was identified with other 
important questions considered in the legislature while 
he was a member of the Senate. He was one of the 
earliest advocates of a free system of banking, and 
made repeated efforts to procure the repeal of the re- 
straining law. He also introduced a bill to abolish im- 
prisonment for debt, and urged its passage for several 
years in succession. His efforts in behalf of this great 
reform in the civil code of the state ultimately secured 
a favorable vote in the Senate, but the time had not 
* Hosack's Life of Clinton, p, 451. — See also p. 105 et seq. 



SUPPORT OF GOVERNOR TOMPKINS, 283 

yet arrived for such a work of justice and charity, and 
the bill failed in the assembly. He was one of the 
most prominent advocates of the abolition of slavery 
in the state of New York, which Governor Tompkins 
so earnestly recommended. In regard to the Missouri 
question, he did not approve of the violent and denun- 
ciatory course of many politicians in the northern 
states, but he voted for a resolution, in 1820, which 
passed the legislature by an unanimous vote, instruct- 
ing the senators and requesting the representatives of 
the state in Congress, to oppose the admission as a state 
into the union of any territory not comprised within 
the original boundaries of the United States, without 
making the prohibition of slavery therein an indispen- 
sable condition of admission. The sentiment embodied 
in this resolution was one which generally prevailed 
among the citizens of the state, and which met with 
his approbation ; but after the question had been settled 
by the compromise, he acquiesced in the decision of 
Congress, and opposed any further agitation. 

In the debates upon the disputed accounts of Gover- 
nor Tompkins he took an active part, and at the winter 
session of 1820, he occupied a portion of two days in 
the delivery of one of the ablest and most effective 
speeches which had been delivered in that body for 
several years. He was listened to with deep and 
marked attention, and the eloquent terms in Avhich 
lie alluded to the patriotic services of his friend, 



384 MARTIN VAN BUREN. 

made a powerful impression upon the minds of his 
hearers. 

Mr. Van Buren cheerfully supported Governor 
Tompkins for reelection in 1816, and also as a candi- 
date for the vice-presidency in the same year. Mr. 
Hammond does the former great injustice in imputing 
to him bad faith in carrying out the expressed wishes of 
the republican legislative caucus by which, in the month 
of February, 1816, Governor Tompkins was put in 
nomination for the presidency.* Mr. Van Buren ap- 
proved of this nomination ; but when he saw that it 
could not be carried into effect, he resisted the efforts 
of Judge Spencer, to prejudice the standing of Gover- 
ner Tompkins, by prematurely and indiscreetly urging 
his claims. As between Mr. Crawford and Mr. Mon- 
roe, he preferred the former ; but after the decision of 
the congressional caucus, he uniformly supported Mr. 
Monroe as the regular candidate of the republican 
party. He had the right to differ with Governor 
Tompkins, if he saw fit, and he would not have hesi- 
tated to exercise it, but his course was perfectly satis- 
factory to that gentleman. From 1812 to the death 
of Governor Tompkins, he was his intimate and confi- 
dential friend, and the confidence of the former in the 
sincerity of his friendship was never shaken. 

In 1817, Mr. Van Buren endeavored to prevent the 
nomination of De Witt Clinton as the successor of 

* Political History, voL i. p. 411 (note) — See also ante, p. 197, 
et seq. 



OPPOSITION TO MR. CLINTON. 385 

Governor Tompkins. But the canal • interest was too 
powerful. The star of Mr. Clinton was in the 
ascendant — 

" A Jove principium, Jovis omnia plena." 

Mr. Clinton was not in good standing in the republican 
party, and all its leading members, with the exception 
of Judge Spencer, were opposed to his nomination. 
But the people were determined that he should be gov- 
ernor, and Mr. Van Buren was forced to submit to a 
decision that overruled the behests of party. 

When Mr. Clinton was duly nominated, Mr. Van 
Buren supported him as the republican candidate, but 
there was no cordiality of feeling between them. They 
viewed each other as personal rivals ; and as soon as 
Mr. Clinton manifested a disposition to form a party 
devoted to him, from the federalists and that small por- 
tion of the old republican party who faithfully adhered 
to his fortunes, Mr. Van Buren felt himself justified, 
as a matter of self-defence, in making the effort to re- 
organize the republican party of New York by the 
exclusion of the Clintonians. In this he was success- 
ful. He carried with him the great majority of the 
republicans of the state, and in 1820 he was mainly 
instrumental in bringing forward Governor Tompkins 
in opposition to Mr. Clinton. He also supported Colo- 
nel Young, in 1824, and Judge Rochester in 182G, as 
the candidates of the republican party opposed to Mr. 
Clinton. 

17 



25 



386 MARTIN VAN BUREN. 

Political animosities at that day were peculiarly 
virulent, and it was impossible that the differences be- 
tween Mr. Clinton and Mr. Van Buren should not 
affect their private relations. But while the former, 
especially during the latter years of his life, repeatedly 
expressed his confidence in the personal integrity of 
Mr. Van Buren, and his respect for his talents, the 
latter never withheld from his great rival that tribute of 
praise which was his due. When the sudden death of 
Mr. Clinton was made known at Washington, a meet- 
ing of the New York senators and representatives was 
held, at which Mr. Van Buren offered resolutions of 
condolence, prefacing their introduction with the fol- 
lowing remarks alike creditable to his head and his 
heart. 

" Me. Chaieman : — We have met to pay a tribute of respect to the 
memory of our late Governor and distinguished fellow-citizen, De Witt 
Clinton. Some of our brethren have been so kind as to ask me to pre- 
pare a suitable expression of our feelings ; and I have, in pursuance 
of their wishes, drawn up what has occurred to me as proper to be 
said on the occasion. Before I submit it to the consideration of the 
meeting, I beg to be indulged in a few brief remarks. I can say 
nothing of the deceased, that is not familiar to you aU. To all he was 
personally known, and to many of us intimately and familiarly, from 
our earhest infancy. The high order of his talents, the untiring zeal 
and great success with which those talents have, through a series of 
years, been devoted to the prosecution of plans of great public utility, 
are also known to you all, and by all, I am satisfied, duly appreciated. 
The subject can derive no additional interest or importance from any eulo- 
gy of mine. All other considerations out of view, the single fact that the 
greatest public improvement of the age in which we live, was com- 



REMARKS ON THE DEATH OF CLINTON. 387 

menced under the guidance of his counsels, and splendidly accomplished 
under his immediate auspices, is of itself sufficient to fill the ambition 
of any man, and to give glory to any name. But, as has been justly 
said, his life, and character, and conduct, have become the property of 
the historian ; and there is no reason to doubt that history will do him 
justice. The triumph of his talents and patriotism, cannot fail to be- 
come monuments of high and enduring fame. We cannot, indeed, but 
remember, that in our public career, collisions of opinion and action, af 
once extensive, earnest, and enduring, have arisen between the deceased 
and many of us. For myself, sir, it gives me a deep-felt, though melan- 
choly satisfaction, to know, and more so, to be conscious, that the de- 
ceased also felt and acknowledged, that our political differences have 
been wholly free from that most venomous and corroding of all poisons 
— personal hatred. 

" But in other respects it is now immaterial what was the character 
of those collisions. They have been turned to nothing, and less than 
nothing, by the event we deplore ; and I doubt not that we will, with 
one voice and one heart, yield to his memory the well-deserved tribute 
of our respect for his name, and our warmest gratitude for his great 
and signal services. For myself, sir, so strong, so sincere, and so en- 
grossing is that feeling, that I, who, whilst living, never — no, never ! — 
envied him anytliing, now that he has fallen, aui greatly tempted to 
envy him his grave, with its honors. 

" Of this, the most afflicting of all bereavements, that has fallen on 
his wretched and desponding family, what shall I say ? — Nothing. 
Their grief is too sacred for description ; justice can alone be done to 
it by those deep and silent, but agonizing feelings, which on their ac- 
count pervade every bosom." 

In the bitter and heated strife between the Clintoni- 
ans and Bucktails Mr. Van Buren was not overlooked. 
When the former attained the control of the council 
of appointment, he was removed from the office of 
attorney general, in July, 1819. In the following year, 



388 . • MARTIN VAN BUREN. 

the republicans regained the ascendency in the legisla- 
ture, though Mr. Clinton was reelected, and his party 
friends offered to reinstate him in the office from which 
he had been ejected, but he declined the appointment. 

In the fall of 1819, just before the regular session of 
the legislature in 1820, Mr. Van Buren published an 
able pamphlet, entitled " Considerations in favor of the 
appointment of Rufus King to the Senate of the United 
States," written by him and William L. Marcy, subse- 
quently governor of the state, but mainly prepared by 
himself There were then three parties in the legisla- 
ture, — the federalists, the Clintonians, and the republi- 
cans, — neither of which had a majority. At the pre- 
vious session a similar state of things had existed, and 
neither party had been able to elect their candidate for 
senator. Mr. King had previously filled the office, and 
as he was not friendly to Mr. Clinton, Mr. Van Buren 
advised the Bucktail members to support him, in con- 
sideration of his patriotic efforts and services during 
the war of 1812. Mr. King was reelected by the 
almost unanimous vote of the legislature, and he and 
his friends ultimately acted with the republicans in 
opposition to Mr. Clinton's administration. 

Mr. Van Buren's second term as state senator ex- 
pired in 1820, and he was not a candidate for reelec- 
tion. He now devoted his whole time to the practice 
of his profession in the city of Albany, of which he 
remained a resident. But it is unnatural, if not often 
impossible, for an active political leader, such as was 



ELECTED TO THE UNITED STATES SENATE. 389 

Mr. Van Buren, to turn his back upon his party. To 
say nothing of personal ambition, from whose influence 
few are exempt, there are a thousand other consider- 
ations, which, as it were, seem to compel him to con- 
tinue in the career upon which he has entered. The 
friends of Mr. Van Buren ardently desired to secure 
his services to the state and nation in a higher and 
more honorable sphere, and their wishes were gratified 
by his election to the Senate of the United States on 
the 6th day of February, 1821, as the successor of 
Nathan Sanford. Mr. Sanford was a republican and 
a candidate before the New York legislature for reelec- 
tion, but the superior fitness of Mr. Van Buren for the 
station was acknowledged by all, and he received more 
than two thirds of the votes in the republican caucus. 
In the legislature the Clintonians and federalists, merely 
out of opposition to Mr. Van Buren, voted for Mr. 
Sanford, but not with his consent or approbation. When 
the next vacancy occurred, Mr. Sanford was again re- 
turned to the Senate by his republican friends, in the 
place of Mr. King. 

Mr. Van Buren was not a member of the legislature 
when the law providing for a constitutional convention 
was passed, and as he resided in a county a majority 
of whose electors were politically opposed to him, he 
did not suppose that he would be chosen a delegate to 
that body. He had ever been a warm friend of the 
measure, and on account of his active agency in pro- 
curing the passage of the law, and his eminent talents, 



390 MARTIN VAN BUREN. 5 

he was, contrary to his expectations, elected as a dele- 
gate from the strong republican county of Otsego. 

The convention of 1821 was composed of the ablest 
men belonging to the great political parties in New 
York. Among them were James Kent, Rufus King, 
Ambrose Spencer, Daniel D. Tompkins, Erastus Root, 
Samuel Young, William W. Van Ness, Jonas Piatt, 
Stephen Van Rensselaer, Abraham Van Vechten, James 
Tallmadge, Elisha Williams, Peter R. Livingston and 
Nathan Sanford. Mr. Van Buren was not the least 
among the foremost. He took part in all the important 
discussions, and his friends may recur to his course in 
this body with proud satisfaction, as that of a high- 
minded and independent statesman. 

There were three parties in the convention : the 
Clintonians and the federalists, who were opposed to 
making many important changes, and desired to retain 
most of the old governmental machinery ; the radical 
republicans, who sought to overturn the whole system 
of the state government ; and the conservative republi- 
cans, who w^ere opposed to hasty legislation and wished 
to preserve what was good and valuable, and to substi- 
tute for that which was bad, wise and prudent measures 
of reform. His position throughout was eminently 
conservative. His speeches, of which he delivered a 
number, were very able ; there was none of that ad 
capiandum sort of eloquence about them calculated to 
touch the prejudices or the passions of the multitude, but 
the sentiments were high-toned, elevated, and manly. 



t'i^^ 



SPEECH ON THE FREEHOLD QUALIFICATION. 391 

One of his ablest efforts was made in support of the 
abolition of the council of revision, and the entire 
separation of the judiciary from the legislative power. 
He opposed the reduction of the gubernatorial term 
from three years to one year, and supported the propo- 
sition adopted by the convention limiting the term to 
two years. He also advocated the amendment, cor- 
responding to the similar feature in the federal consti- 
tution, conferring the veto power upon the governor 
instead of the council of revision. He spoke and 
voted, too, in favor of abolishing the freehold qualifica- 
tion of voters. Judge Spencer proposed, as an amend- 
ment to the original report of the committee on the 
subject of the extension of the right of suffrage which 
gave the right to vote to persons paying taxes, or work- 
ing on the highways, or doing military duty — to require 
as a qualification to vote for senators, a freehold estate 
of the value of two hundred and fifty dollars, as in the 
old constitution. One of Mr. Van Buren's best speeches 
was made in opposition to the amendment offered by 
Judge Spencer, and the annexed extracts from it will 
show, both his general views upon the subject, and the 
spirit and temper in which he discussed the great topics 
brought before the convention : — 

" I am opposed to the amendment under consideration, offered by 
the gentleman from Albany (Chief Justice Spencer ;) and I will beg 
the indulgence of the committee, for a short time, while I shall attempt 
to explain the reasons, wliich, in my opinion, require its rejection. The 
extreme importance whicli the honorable mover has attached to the 



392 , • ,, MARTIN VAN BUEEN. '. )' 

subject, and the sombre and frightful picture which has been drawn by 
his colleague, (Chancellor Kent,) of the alarming consequences which 
will result from the adoption of a course different from the one recom- 
mended, renders it a duty, which those who entertain a contrary 
opinion, owe to themselves and their constituents, to explain the mo- 
tives which govern them. If a stranger had heard the discussions on 
this subject, and had been acquainted with the character of our people, 
and the character and standing of those, who find it their duty to op- 
pose this measure, he might well have supposed, that we were on the 
point of prostrating with lawless violence, one of the fairest and firm- 
est pillars of the government, and of introducing into the sanctuary of 
the constitution, a mob or a rabble, violent and disorganizing as were 
the Jacobins of France, and furious and visionary as the radicals of 
England are, by some gentlemen, supposed to be. The honorable 
gentleman from Albany (Cliancellor Kent,) tells us, that if we send the 
constitution to the people, without the provision contemplated by the 
proposition now under consideration, it wiU meet with the scorn of the 
wise, and be hailed with exultation by the vicious and the profligate. 
I entertain a high personal respect for the mover of this amendment, 
and also for his learned colleague, who has so eloquently and patheti- 
cally described to us the many evils and miseries which its rejection 
will occasion : I declare my entire conviction of his sincerity in what 
he has uttered ; his simplicity of character, which he has himself so 
feelingly described, his known candor and purity of character, would 
forbid any one to doubt, that he spoke the sentiments of his heart 
But beheving as I do, that those fears and apprehensions are wholly 
without foundation, it cannot be expected, that I will suffer them to 
govern my conduct. * * * * 

" There are two words which came into common use with our revo- 
lutionary struggle ; words which contain an abridgment of our political 
rights ; words which, at that day, had a talismanic effect — which led 
our fathers from the bosoms of their families to the tented field — which 
for several long years of toil and suffering kept them to their arms — 
and which finally conducted them to a glorious triumph. They are 
• Taxation* and ' Representation,' — ^nor did they lose their influence 



SPEECH ON THE FREEHOLD QUALIFICATiON. 393 

•with the close of that struggle. They are never heard in our halls of 
legislation, without bringing to our recollections the consecrated feelings 
of those who won our liberties, or without reminding us of everything 
that is sacred in principle. * * * * 

"Apply for a moment the principles they inculcate to the question 
under consideration, and let its merits be thereby tested. Are those of 
your citizens represented, whose voices are never heard in your Sen- 
ate ? Are these citizens in any degree represented or heard, in the 
formation of your courts of justice, from the highest to the lowest ? 
Is, then, representation in one branch of the legislature, which by itself 
can do nothing — which instead of securing to them the blessings of 
legislation, only enables them to prevent it as an evil — anything more 
than a shadow? Is it not emphatically 'keeping the word of promise 
to the ear, and breaking it to the hope V Is it not even less than the 
virtual representation, with which our fathers were attempted to be ap- 
peased by their oppressors ? It is even so ; and if so, can we, as long 
as this distinction is retained, hold up our heads, and, without blush- 
ing, pretend to be the advocates for that special canon of political 
rights, that taxation and representation are, and ever should be, indis- 
soluble ? I think not 

" In whose name, and for whose benefit, I inquire, are we called upon 
to disappoint the just expectations of our constituents, and to persevere 
in what I cannot but regard as a violation of principle ? It is in the 
name, and for the security of 'far7ners,' that we are called upon to 
adopt this measure. This is, indeed, acting in an imposing name ; and 
they who use it know full well that it is so. It is the boast, the pride, 
and the security of this nation, that she has in her bosom a body of 
men who, for sobriety, integrity, industry and patriotism, are unequalled 
by the cultivators of the earth in any part of the known world, — 
nay more, to compare them with the men of similar pursuits in other 
countries, is to degrade them. And woful must be our degeneracy, 
before anything which might be supposed to affect the interests of the 
farmers of this country, can be listened to with indifference by those 
who govern us. 

" I cannot yield to any man in respect for this invaluable class of 
17* 



394 



MARTIN VAN BUREN. 



our citizens, nor in zeal for their support ; but ho-w does this matter 
Btand ? Is the allegation that we are violating the wishes, and tamper- 
ing with the security of the farmers, founded in fact, or is it merely 
colorable ? Who, I ask, have hitherto constituted a majority of the 
voters of the state ? The farmers ! Who called for, and insisted upon 
the convention ? Fanners and freeholders ! Who passed the law ad- 
mitting those who were not electors, to a free participation in the de- 
cision of the question of Convention or No Convention, and also in the 
choice of delegates to that body ? A Legislature, a majority of whom 
were farmers, and probably every one of them freeholders, of the value 
of two hundred and fifty dollars and upwards ! The farmers of this 
Btate have, by an overwhelming majority, admitted those who were not 
freeholders, to a full participation with themselves in every stage of 
this great effort to amend our constitution, and to ameliorate the con- 
dition of the people : — Can I then, ought I, to be told, that they will 
be disappointed in their expectations, when they find that by the pro- 
visions of the constitution as amended, a great portion of their fellow- 
citizens are enfranchised, and released from fetters which they them- 
selves had done all in their power to loosen ? I do not believe it. 

" Again, I inquire, who are we, that have been chosen to perform 
this great, and I cannot but think, good work? A great majority of us 
are practical farmers— aZ/ freeholders, and of no smaU amounts. Are 
we our own worst enemies ? Can we be suspected of a want of fidelity 
to the freehold interest \ No ! The farmers have looked for such an 
event ; they earnestly desire it. Whatever ravages the possession of 
power may have made in the breasts of others, they, at least, have 
shown that they can ' feel power without forgetting right.' If anything 
could render this invaluable class of men dearer and more estimable 
than they are, it is this magnanimous sacrifice which they have made 
on the altar of principle, by consenting to admit those of their fellow- 
citizens, who, though not so higlily favored as themselves by fortune, 
have still enough to bind them to their country, to an equal participa- 
tion in the blessings of a free government Thus I understand their 
wishes, and I wiU govern myself accordingly, — having the consolation 
to know, that if I shall have misunderstood them, they will have the 



SPEECH ON THE FREEHOLD aUALIFICATION. 395 

power of rescuing themselves from the effects of such misapprehension, 
by rejecting the amendments which shall be proposed for then- adop- 
tion. 

" But let us consider this subject in another and diflferent point of 
view. It is our duty, and I have no doubt it is our wish, to satisfy all, 
so that our proceedings may meet with the approbation of the whole 
commimity ; it is my desire to respect the wishes and consult the inter- 
ests of all ; I would not hamper the rich nor tread upon the poor, but 
would respect each ahke. I will submit a few considerations to the 
men of property, who think tliis provision necessary for its security, 
and in doing so, I will speak of property in general, dropping the im- 
portant distinction, made by the amendment offered, between real and 
personal estate. Admitting for the sake of argument, that the distinc- 
tion is just, and wise, and necessary, for the security of property — is the 
object effected by the present regulation ? I think not ; property is not 
now represented in the Senate to the extent it is erroneously supposed 
to be. To represent individual property, it will be necessary that 
each individual should have a number of votes in some degree at least, 
in proportion to the amount of his property ; this is the manner in which 
property is represented, in various corporations and in moneyed insti- 
tutions. Suppose in any such institution one man had one hundred 
Bhares, and another one share, — could you gravely tell the man who 
held one hundred shares, that his property was represented in the di- 
rection, if their votes were equal ? To say that because a man worth 
millions, as is the case of one in this committee, has one vote, and 
another citizen worth only two hundred and fifty dollars in real estate, 
has one vote for senators, that therefore their property is equally repre- 
sented in the Senate, is, to say the least, speaking very incorrectly ; it 
is literally substituting a shadow for a reality ; and though the case I 
have stated by way of illustration, would not be a common one, still, 
the disparity which pervades the whole community is sufficiently great 
to render my argument correct. * * * « 

"The representation, then, of property in the Senate, imder the 
existing constitution, is, as it respects individual estates, wholly delu- 
sive, and as it respects the interest of property in the different sections 
of the state, so flagrantly unequal as to destroy practical advantage to 



396 MARTIN VAN BUREN. 

property from a representation of it, and not only so, but to make it 
infinitely worse than if property was not professed to be represented 
atalL * * * * 

"And what, I inquire, have been its practical effects ? have they been 
such as to afford any additional security to property ? have the mem- 
bers of the Senate, for years past, been more respectable for talents or 
integrity ? have they shown a greater regard for property ? have 
they been more vigilant in guarding the public treasury than the 
Assembly ? 

" The Senate is the only legislative body in which I have ever had 
the honor of a seat; and I have been tliere from a very early age — 
almost all my political connections have been with that body — my earli- 
est political recollections are associated with its proceedings ; and I 
have had, in some of its proceedings, as much cause for individual 
gratification as could well, under the same circumstances, fall to the lot 
of any man ; notwithstanding which, and also the strong partiality I 
have always felt for that body, I cannot say, that in the many years 
I was there, the sentiment never occurred to me that such was the case. 
On the contrary, a regard to truth constrains me to say, that everything 
which regarded the imposition of public burdens, and the disposition 
of public property, was more closely looked into, and more severely 
scrutinized, by the Assembly than the Senate. The sense of immedi- 
ate responsibility to the people, produced more effect on the Assembly, 
than the consideration that they represented those who were supposed 
principally to bear the burdens, did in the Senate ; and such, I con- 
scientiously believe, will always be the case. I ask the members of 
the committee, whether they believe that there has been a moment for 
the last forty years, when a proposition in the Assembly to make an 
unjust distinction between real and personal property, in the imposition 
of public bm^dens, would not have been hooted out of that body, if 
any one had been found mad enough to have dared its introduction? 
Why, then, I ask, alarm ourselves by fear for the future, which the 
experience of the past has demonstrated to be erroneous i Why dis- 
regard the admonitions of experience, to pursue the dubious path of 
speculation and theory ? 



SPEECH ON THE FREEHOLD aUALIFICATION. 397 

" I have no doubt but the honorable gentlemen who have spoken in 
favor of the amendment, have suffered from the fearful forebodings 
wliich they have expressed. That ever to be revered band of patriots 
who made our constitution, entertained them also, and therefore they 
engrafted in it the clause which is now contended for. But a full and 
perfect experience has proved the fallacy of their speculation ; and we 
are now called upon again to adopt the exploded notion, and on that 
ground, to disfranchise, if not a majority^ncarly a moiety of our citi- 
zens. I am an unbeliever in the speculations and mere theories on the 
subject of government, of the best and the wisest men, when unsup- 
ported by, and especially when opposed to, experience. I believe with 
a sensible, and elegant modern writer, ' that constitutions are tlie work 
of time, not the invention of ingenuity ; and that to frame a complete 
system of government, depending on liabits of reverence and experi- 
ence, is an attempt as absurd as to build a tree, or manufacture an 
opinion.' * * * 

" If, then, it is true that the present representation of property in 
the Senate is ideal, and purely ideal, does not sound policy dictate an 
abandonment of it, by the possessors of property ? I think it does ; I 
think so because I hold it to be at all times, and under all circumstan- 
ces, and for all interests, unwise to struggle against the wishes of any 
portion of the people — to subject yourselves to a wanton exposure to 
public prejudice, to struggle for an object, which, if attained, is of no 
avail. I think so, because the retaining of this qualification in the 
present state of public opinion, will have a tendency to excite jealousy 
in the minds of those who have no freehold property, and because 
more mischief is to be apprehended from that source tlian any other. 
It is calculated to excite that prejudice because, not requiring sufficient 
to efifect the object in view, it, in the language of Dr. Franklin, ' exhibits 
liberty in disgi-ace, by bringing it in competition with accident and in- 
significance.' * * * 

" If I could possibly believe, that any portion of the calamitous con- 
sequences could result from tlio rejection of tlie amendment, which 
have been so feelingly portrayed by the honorable gentlemen from 
Albany, and for whom I will repeat the acknowledgment of my respect 



■ iMARTIN VAN BUREN. 

and regard, I would be the last man in society who would vote for it 
But, believing, as I conscientiously do, that those fears are altogether 
unfounded, — hoping and expecting that the happiest results will follow 
from the abolition of the freehold qualification, and hoping too, that 
caution and cucumspection will preside over the settlement of the 
general right of suffrage, which is hereafter to be made, — and knowing 
besides, that this state, in abolishing the freehold qualifications, will be 
but uniting herself in the march of principle, which has already pre- 
vailed in every state of the union, except two or three, including the 
royal charter of Rhode Island, — I will cheerfully record my vote against 
the amendment." 

The amendment proposed by Judge Spencer was re- 
jected, and the original proposition of the committee 
was adopted. Previous to this, however, Mr. Van 
Buren made an attempt to add to the highway quaUfi- 
cation that of being a householder. Not succeeding 
in this — the only point in regard to which he dissented 
from the report of the committee — he gave his vote in 
favor of sustaining the report. 

Over-zealous friends have sometimes claimed for him 
the credit of being among the foremost in advocating 
the doctrine of universal suffrage, in the convention of 
1821 ; while, on the other hand, his opponents have 
ungenerously misrepresented the course which he pur- 
sued upon this and other questions. It was not his 
wish to do anything hastily. He desired carefully to 
examine the ground before taking a single step in ad- 
vance ; and not to overthrow the old constitution in an 
instant, and erect another on its ruins, based entirely 
upon abstract theories, and without the light of experi- 



VIEWS IN REGARD TO UNIVERSAL SUFFRAGE. 399 

ence to guide and direct in its construction. In another 
speech on the property quahfication, Mr. Van Buren 
said that there were probably not twenty members of 
the committee of the whole who were in favor of uni- 
versal suffrage. "We had already i cached," he said, 
" the verge of universal suffrage. There was but one 
step beyond. And are gentlemen prepared to take 
that step ? We were cheapening this invaluable right. 
He was disposed to go as far as any man, in the exten- 
sion of rational liberty ; but he could not consent to 
undervalue this precious privilege so far as to confer 
it, with an indiscriminating hand, upon every one, 
black or white, who would be kind enough to conde- 
scend to accept it." * 

Mr. Van Buren was particularly opposed to the 
further extension of the right of suffrage, because it 
would give the lowest classes of the population in the 
cities an undue influence in proportion to that of the 
agricultural districts in the interior. Subsequently, his 
views on this question were modified ; and when he 
saw how well the change made by the convention of 
1821 operated, he approved of the amendment extend- 
ing the right of suffrage still further, and hailed it as 
another auspicious onward movement in that moderate 
and judicious reform which he had advocated. 

In regard to the appointing power, as the chairman 
of the committee on the subject, he reported a plan, 
giving to the people the right of choosing more than 

* Debates in the N. Y. Convention of 1821, p. 211. 



400 



MARTIN VAN BUREN. 



eight thousand of the militia officers previously ap- 
pointed by the governor and council, and conferring 
upon the legislature the power to designate in what 
manner a majority of the civil officers should be ap- 
pointed or chosen. During the war of 1812, he had 
seen the evils resulting from disagreements between 
the executive and the civil officers, and he desired that 
the former should possess a large share of the appoint- 
ing power. He thought that justices of the peace 
ought not to be elected by the people, unless it was de- 
cided to confer the same power in the case of all the 
higher judicial officers of the state; and this no one 
deemed advisable. He proposed, therefore, that the 
supervisors, and the judges of the court of common 
pleas of a county, should each nominate candidates for 
justices of the peace, and if they agreed, the individu- 
als nominated were to be appointed ; but if not, that 
then the governor should select the justices from the 
two lists. This plan was rejected by the convention 
by two majority, and the appointment of justices was 
given to the boards of supervisors and judges exclu- 
sively. The constitution was shortly after amended, 
so as to give the power of choosing these officers to 
the people, no one concurring more heartily in the 
amendment than Mr. Van Buren. 

For similar reasons, he opposed the election of 
sheriffs and county clerks by the people, but the con- 
vention decided against him. As to the right of the 
people in the abstract to choose their own officers as 



COURSE UPON THE JUDICIARY QUESTION. 401 

far as they could do so, he never doubted or denied it ; 
but his course in the convention was influenced by this 
consideration — he thought it unadvisable, when they 
had iiitherto enjoyed this right to a very limited extent, 
to destroy the old system at a single blow, but preferred 
that the right should be surrendered to them by de- 
grees, as fast as they proved themselves capable of ex-- 
ercising it properly. He had an abiding faith in the 
capacity of man for self-government, but he was op- 
posed to hasty and inconsiderate reforms. To divest 
the slave of his manacles, and at the same moment 
place the sceptre in his hands, no one would esteem 
wise or prudent ; and the same principle, in the opinion 
of Mr. Van Buren, should govern in remodelling laws 
and amending constitutions. 

All the younger republicans in the convention were 
exceedingly anxious to alter the judiciary system of 
the state, in order to get rid of the old judges. Rigid 
party man as was Mr. Van Buren, he opposed this 
movement, almost alone of his political friends, but 
without success. Nearly all the judges had long been 
among the most determined of his opponents, and one 
of them (Judge Van Ness) who was most deeply in- 
terested in this matter, as his main dependence was 
upon the emoluments of his office, had been peculiarly 
bitter in his opposition. Much to his credit, Mr. Van 
Buren disdained to be influenced by such considera- 
tions. " If personal feelings," said he, " could or ought 
to influence us against the individual who would prob- 



26 



'402 MARTIN VAN BUREN. 

ably be most affected by the adoption of this amend- 
ment, I suppose that I, above all others, w^ould be 
excused for indulging them. I can with truth say, that 
I have through my whole life been assailed from that 
quarter, with hostility, political, professional, and per- 
sonal — hostility which has been the most active, keen, 
and unyielding. But, sir, am I, on that account, to 
avail myself of my situation as a representative of the 
people, sent here to make a constitution for them and 
their posterity, and to indulge my individual resent- 
ments in the prostration of my private and political 
adversary ? I hope it is unnecessary for me to say, that 
I should forever despise myself if I could be capable 
of such conduct. I also hope that that sentiment is 
not confined to myself alone, and that the convention 
will not ruin its character and credit by proceeding to 
such extremities." *' 

The convention terminated its labors on the 10th 
day of November, 1817, and Mr. Van Buren soon 
after repaired to Washington, to take his seat in the 
Senate, for the first time, in the month of December 
following. Transferred to this new sphere, his talents 
were not long in securing for their possessor an honor- 
able place among his compeers. Able and distinguished 
as they were, they willingly recognized him as an 
equal. On the 17th of December he was elected a 
member of the committee on finance, and also of the 
committee on the judiciary. Of the latter committee 
* Debates in the Convention, p. 525. 



SUPPORT OF MR. CRAWFORD, 403 

he afterward became chairman, and was continued as 
such while he remained in the Senate. His first speech 
was made on the land claim of the Marquis de Maison 
Rogue. The question was not one that afforded an 
opportunity for oratorical display, but the remarks of 
Mr. Van Buren were said by the National Intelligencer 
to evince '• much talent," and to have produced " con- 
siderable effect." During the same session, he spoke 
with his accustomed ability on the apportionment bill ; 
on the French land claims in Louisiana; the settle- 
ment of difficulties between the states; and the pay- 
ment of salaries to public officers indebted to the 
government, the last question having reference to the 
case of John Quincy Adams, then secretary of state. 

It would be impossible, however, in a mere biographi- 
cal sketch like the present, to do justice to Mr. Van 
Buren's services in the Senate of the United States, 
and at the same time to preserve strict chronological 
order. For this reason it may be proper to consider 
separately the more important questions with which he 
was connected, or in which he was in any wise con- 
cerned. 

With respect to his political course, as it related to 
individuals and parties, it may be said, that he supported 
the administration of Mr. IMonroe to its close, but was 
one of the most active friends of Mr. Crawford, in the 
contest for the succession. He was present at the 
congressional caucus by which that gentleman was 
nominated, and did everything in his power to secure 



404 MAETIN VAN BUREN. 

his election. Failing in this, he was at first disposed 
to acquiesce in the decision of the people, and to give 
his support to the administration of Mr. Adams. But 
when the policy of the latter began to be developed, he 
became alarmed. He opposed the American System 
in all its features. His first decided stand against the 
administration was taken on the Panama Mission. His 
principal speech on this question, delivered in March, 
182G, was one of the happiest eflbrts ever made by him 
before a legislative body, as the following extracts will 
show : — 

"I will now, Mr. President, call the attention of the Senate to 
another view of this subject, to a question of the gravest character, and 
most deeply affecting the dearest interests of the country — a question 
growing out of considerations which have heretofore occupied the best 
minds, and interested the purest hearts our country has produced : — 
Would it be wise in «s to change our established policy upon the subject 
of political connections with foreign states ? The President has said 
that ' to form alliances' is not among the motives of our attendance at 
the Congress. But what description of alliance does he mean ? They 
are of various kinds, and of different extent. We are, at that Con- 
gress, to stipulate in some form, (and I care not in what,) that we will 
resist any attempt at colonization, by the Powers of Europe, in this 
hemisphere, (or within our own borders if you please;) and that, in the 
event of any hiterfereuce on their part, in the struggle between Spain 
and the Spanish American states, we will make common cause with 
the latter in resisting it. To this end we have been invited, and upon 
these points we have promised that our ministers shall have full powers. 
We must do this, or the whole affiiir becomes empty pageantry ; which, 
though it may be the offspring of personal ambition, will assuredly 
terminate in national disgrace. Call it an ' alliance,' or whatever name 
you please, it is a political connection, at war with the estabhshed 



SPEECH ON THE PANAMA MISSION. 405 

policy of our government. And is this a light matter ? Sir, when it 
is proposed to subvert a fundamental priucijjle in our foreign policy, in 
the support of which we stand alone among all the nations of the 
earth — which, commencing with our government, ia endeared to the 
people, and upon whose deep foundations has been erected the mag- 
nificent superstructure of unequalled national prosperity — it surely 
becomes those entrusted with the management of affairs, to pause, and 
weigh with scrupulous exactness, the importance of the step. 

" In the discussion of this subject, I shall first consider the general 
principle : then the grounds of the distinction attempted to be made 
between its application to the Spanish American states, and to those of 
Europe. At tliis moment the United States, (thanks to the wisdom of 
their early councils !) are unfettered. No government has a right to 
demand our aid or interference in any of the changes in the condition 
of the world — come what may, we are now unembarrassed in our 
choice. Until lately, I had flattered myself that the acknowledged ob- 
ligation on the part of our government to maintain that condition, was 
as firmly fixed as its republican character. I had the best reason to 
think so, because I knew it to be a principle in our political policy, 
which had for its support all that is instructive in experience, all that 
is venerable in authority. That authority is no less than the parting 
admonitions of the Father of his country. The earnest, eloquent, and 
impressive appeals upon this subject, contained in his Farewell Ad- 
dress, are yet, and will, I trust, long remain, fresh in our recollections • 
nor were the sentiments he thus avowed mere speculative opinions, 
founded upon an abstract consideration of the subject. No ! they were 
sentiments matured by reflection, and confirmed by actual experience, 
of the practical results which had arisen from a connection of the 
character he so ardently and so justly deprecated. A reference to the 
history of that period will illustrate the fact, and is replete with in- 
struction. During the War of our Revolution, we entered into an alli- 
ance with France, ' the essential and direct end of which was, to main- 
tain effectually the liberty, sovereignty, and independence, of the 
United States, absolute and unlimited, as well in matters of govern- 
ment as of commerce.' By the treaty of alliance, we, in consideration 



406 



MARTIN VAN BUREN. 



of the guarantee by France of the freedom and independence of the 
United States, undertook, on our part, to guarantee to France the pos- 
sessions she then had in America. The revolution in France involved 
that country in war with the principal powers of Europe. Her Ameri- 
can possessions were brought in danger ; and, among other things 
claimed under the treaty of alliance, she called upon us for the fulfil- 
ment of our guarantee. At no period of our history has our govern- 
ment been placed in a more humiliating and embarrassing situation. 
The signal benefits we had received from France were known to the 
world, and fully appreciated by our citizens. Upon the terms of the 
compact there could be no dispute. The consideration upon which we 
had entered into it, was of the most sacred character. But the danger 
of compliance was imminent, and prevailed over every other consider- 
ation. Reposing itself upon the great principle of self-preservation — a 
principle extending itself as well to nations as to individuals — our 
government refused to comply with its engagement ; and General 
"Washington issued his celebrated proclamation of neutrality. The 
grounds relied upon to justify the step were, that our alliance was a 
defensive one only ; that the war, on the part of France, was an offen- 
sive war, in which we were not obliged, by the law of nations, to take 
part ; that the contest was, moreover, so unequal, and our means so in- 
adequate, that, upon the principle of self-preservation, we were justi- 
fied in refusing to take part with our ally. It was not expected that 
France would acquiesce in the validity of the grounds thus taken. She 
did not. Tlie loud, solemn protests of her ministers, are remembered ; 
as also, the measures resorted to for the purpose of obtaining, indi- 
rectly, some of the advantages claimed from the alliance — such as fitting 
out vessels of war in our ports, and enlisting our citizens in her service. 
England remonstrated, made strong imputations of partiality against 
our government — imputations founded on suspicions growing out of 
the known connection between us and France — and resorted to similar 
means to annoy her enemies and commit our neutrality. General 
Washington found it impossible to satisfy either party of the strict im- 
partiality that governed our conduct. The result was war, in fact, 
■with France, and manv of tlie evils of war with England. She en- 



SPEECH ON THE PANAMA MISSION. 407 

forced against our commerce new and unjustifiable principles of public 
law on the subject of blockades and articles contraband of war. The 
sagacious mind of Washington, and the great men who enjoyed hia 
confidence, traced the multiplied embarrassments of the country at that 
trying period, to the trecdy of alliance with France^' 

Mr. Van Buren then referred to the departure of the 
elder Adams from the Washington policy, in proposing 
the Berlin mission, the object of which was to form 
alliances with neutral nations for tiie protection and 
security of neutral rights. This question, with others, 
was distinctly put in issue at the presidential election 
in 1800, and the people decided adversely to the federal 
doctrine. Mr. Jefferson now came into power, and 
was pledged against all " entangling alliances" with 
foreign nations. To this pledge he faithfully adhered 
except in a single instance, in 1803; when, for the pur- 
pose of securing the navigation of the Mississippi — a 
matter of paramount importance to the western part 
of the Union — he proposed to guaranty to the king of 
Spain, and his successors, his dominions west of that 
river, provided he would sell to the United States all 
his possessions between the Mobile and the Mississippi. 
Fortunately, Spain did not accept the guaranty — fortu- 
nately, because when she demanded a fulfilment of the 
treaty in 1818, the United States could only have com- 
plied by making war against the friends of freedom in 
the Mexican states, and the non-acceptance of the 
guaranty when first proposed left them at liberty to 
decline a compliance with the demand. Mr. Madison 



408 MARTIN VAN BUREN. 

kept entirely clear of these objectionable alliances 
during his administration, as did Mr. Monroe also during 
his first term. But in 1819, through the influence, in 
great part, of Mr. Adams, then secretary of state, a 
treaty was concluded with England for the suppression 
of the slave-trade, yielding the right of search, and au- 
thorizing the authorities of that country to enforce the 
laws of the United States upon the citizens of the 
United States. The object of this alliance was a 
praiseworthy one, but the means for cari7ing it into 
effect were, from the necessity of the case, such as the 
American people could not approve. The treaty was 
rejected by the Senate ; and so strong was the popu- 
lar feeling against it that a similar treaty concluded with 
the republic of Colombia, shortly after shared the same 
fate, by an almost unanimous vote. Mr. Van Buren 
contended that the Panama mission was a departure 
from the established policy of the government, like 
those measures of a kindred character to which he re- 
ferred. He insisted that the proposed alliance with 
the South American states would necessarily be inju- 
rious, because, when the time came for carrying it into 
effect, innumerable difficulties would arise ; and as an 
illustration in point, he referred the Senate to the mem- 
orable stipulation of the five great European powers 
at Vienna, in 1815, pledging themselves to unite in the 
suppression of the slave-trade, and the inability of their 
representatives, at the conference held at Aix-la-Cha- 
pelle in 1818, to agree upon the terms of cooperation. 



SPEECH ON THE PANAMA MISSION. 



409 



" But I cannot consent," he added, " to trespass longer upon the time 
of the Senate in pushing the discussion of this point further, although 
various considerations operating against the measure, press upon my 
mind. If it were proposed to form a connection with any European 
power, such as now designed with the Spanish American states, it is 
hoped and believed, that the measure would not meet with one ap- 
proving voice — shall I say — on this floor 1 No — not in the country ! — 
But it has been supposed that the United States ought to pursue a 
different policy with respect to the states in this hemisphere. It is 
true, Mr. Monroe, in his message, makes a distinction of tliis character, 
although he by no means carries it to the extent proposed. If he did, 
all that the distinction could derive from that circumstance would be, 
the weight of his opinion, always considerable, but never decisive. The 
question still recurs — is the distinction founded in principle and policy ? 
If it be, it must arise from one of two reasons ; either the character of 
the governments of the Spanish American states, or their heal situa- 
tion, — or, perhaps, from both, 

" The United States have hailed the emancipation of those states 
with satisfaction : they have our best wishes for the perpetuity of their 
freedom. So far as we could go to aid them in the establishment of 
their independence, without endangering the peace, or embarrassing the 
relations of our country, we have gone. More than that ought not to 
be asked. Nor has it. Sensible of the embarrassments which their 
invitation might produce, they declined to proffer it until advised that 
we desired to receive it. Next to being right, it is important to govern- 
ments, as well as individuals, to be consistent. Has the character of 
these governments been the principle upon which we have hitherto 
acted in relation to those states ? It has not Mexico and Brazil were 
the last to shake off their dependence on foreign authority. They 
were among the first whose independence we acknowledged. Mexico 
was, at the period of its acknowledgment, under the dominion of the 
Emperor Iturbide, and Brazil of its Emperor, Don Pedro. As a spe- 
cial compliment to the Emperor of Mexico, we sent, or rather intended 
to send, to his court, one of the most distinguished men of the nation, 
(General Jackson.) At the court of the Emperor Don Pedro, we have 

18 



410 



MARTIN VAN BUREN. 



our minister : whilst in the republic of Peru — the power with which 
the first of the treaties, in virtue of which the Congress of Panamd is 
to be held, was concluded — we have not yet been represented. Do our 
principles admit that we should adopt the measures proposed with such 
reference, and upon such grounds ? What are those principles ? — That 
man is capable of self-government ; that the people of every country 
should be left to the free selection of such form of government as they 
think best adapted to their situation, and to change it as their interests, 
in their own judgments, may seem to require. Wherein consists our 
objection to the Holy Alliance ? Because they confederate to maintain 
governments similar to their own, by force of arms, instead of the force 
of reason, and the will of the governed. If we, too, confederate to 
sustain, by the same means, governments similar to our own, wherein 
consists the difference, except the superiority of our cause ? What is 
their avowed motive? Self-preservation, and the peace of Europe. 
What would be ours ? Self-preservation, and the peace of America. 

" I wish to be understood. I detest, as much as any man, the prin- 
ciples of the Holy Alliance. I yield to no man in my anxious wishes 
for the success of the Spanish American states. I wiU go as far as I 
think any American citizen ought to go, to secure to them the blessings 
of free government. I commend the solicitude which has been mani- 
fested by our government upon this subject, and have, of course, no de- 
sire to discourage it. But I am against all alliances, against all armed 
confederacies, or confederacies of any sort. I care not how specious, 
or how disguised, — come in what shape they may, I oppose them. The 
states in question have the power and the means, if united and true to 
their principles, to resist any force that Europe can send against them. 
It is only by being recreant to the principles upon which their revolu- 
tion is founded ; by suffering foreign influence to distract and divide 
them ; that their independence can be endangered. But, happen what 
may, our course should be left to our choice, whenever occasion for 
acting shall occur. If, in the course of events, designs shall be mani- 
fested, or steps taken in this hemisphere by any foreign power, which 
so far afifect our interest or our honor, as to make it necessary that we 



RESOLUTIONS ON THE PANAMA QUESTION. 411 

should arm in their defence, it will be done ; there is no room to 
doubt it. 

" The decision of that question may safely be left to those who come 
after us. That love of country and of freedom, which now animates 
our public councils, is not confined to us, or likely to become extinct. 
We require neither alliance nor agreement to compel us to perform 
whatever our duty enjoins. Our national character is our best, and 
should be our only pledge. Meanwhile, let us bestow upon our neigh- 
bors, the young republics of the South, the moral aid of a good exam- 
ple. To make that example more salutary, let it exhibit our modera- 
tion in success, our firmness in adversity, our devotion to our country 
and its institutions, and, above all, that sine qua, non to the existence 
of our republican government — our fidelity to a written Constitution'' 

Previous to the delivery of this speech on the Pan- 
ama question, Mr. Van Buren had made an ineffectual 
attempt to have the discussion in the Senate carried 
on with open doors. In his view it was of the most 
important character, and should not be concealed from 
the American people. He had hitherto been disposed, 
as were most of the republican senators from the north 
who usually voted with him, not to offer any regular 
opposition to the administration; but its course in this 
respect he regarded as having an alarming tendency, 
and therefore resisted it at every step. In order to 
bring the question distinctly before the Senate, he sub- 
mitted resolutions, on the 14th of March, 1826, declar- 
ing that the Constitution of the United States did not 
authorize the nomination, by the President, of minis- 
ters to an assembly like that proposed to be held at 
Panama, and that, waiving the constitutional objec- 



412 MARTIN VAN BUREN. -^ 

tion, the embassy in question was inexpedient. The 
Senate negatived the resolutions, however, by a vote 
of twenty-four to nineteen, and Commissioners were 
appointed ; but, fortunately perhaps for the peace of 
the country, they were unable to attend the Panama 
Congress, and no " entangling alliance" was concluded 
with the Spanish American states. 

The subject of internal improvements by the general 
government was repeatedly agitated during the period 
of Mr. Van Buren's service in the Senate. At the 
session of 1821-2 he voted for a law authorizing the 
collection of tolls on the Cumberland road, for two rea- 
sons : because he desired to counteract the perpetual 
drain of the road upon the treasury, and to aid in the 
improvement of the western states as far as he could 
do so consistently with the Constitution. Upon a 
more careful consideration of the principle involved in 
this measure, he came to the conclusion that it was 
not authorized by the Constitution, and said that if 
the question were to be again presented, he would op- 
pose it.* In his opinion, the federal government did 
not possess the power, under the Constitution, to carry 
on works of internal improvement within the states ; 
and, if it were desirable to grant the power, he thought, 
with Jefferson, Madison, and Monroe, that the Consti- 
tution should be amended. John Quincy Adams, it is 
well known, entertained views upon this question di- 

* Speech on Mr. Foote's Amendment to the rules of the Senate, 
April, 1828, (note.) 



INTERNAL IMPROVEMENTS. 413 

rectly the reverse, and it was probably owing chiefly 
to his influence in the cabinet, that Mr. Monroe was 
induced, toward the close of his administration, to sur- 
render in part the high ground he had previously oc- 
cupied. 

In January, 1824, Mr. Van Buren called the atten- 
tion of the Senate to the dangerous assumption of 
power by the general government, in regard to internal 
improvements, and submitted amendments to the Con- 
stitution limiting and defining its exercise. At the 
following session, the policy of Mr. Adams was fully 
developed, and he earnestly recommended the subject 
of internal improvements to the favorable considera- 
tion of Congress. This feature of the American Sys- 
tem at once encountered the opposition of Mr. Van 
Buren. On the 19th of December, 1825, he offered 
two resolutions on the subject : one declaring that 
Congress did not possess " the power to make roads 
and canals within the respective states ;" and the other 
proposing a select committee to prepare an amend- 
ment to the Constitution, prescribing and defining the 
power of Congress in this respect. These resolutions 
were highly approved by Mr. Jefferson,* but, though 
advocated and defended by the mover with great abil- 
ity, did not secure a majority vote in the Senate. At 
the same session, in accordance with the sentiments 
expressed in his speech and resolutions, Mr. Van Buren 
voted against the appropriation for the Louisville 
* JeflFerson's Works, vol. iv. p. 424. 



MARTIN VAN BUREN. 

canal, and the proposition to subscribe to the capital 
stock of the Dismal Swamp Canal. From the views 
advanced by him in the Senate, and indicated by his 
votes, Mr. Van Buren never deviated while he re- 
mained in public life. 

Being at the head of the committee on the judiciary, 
many of the most important laws passed in Congress 
were brought under his particular notice. Of this 
character were the bills establishing District and Cir- 
cuit Courts in the new states and territories. At first 
he was inclined to favor a change in the judiciary sys- 
tem of the federal government, which should relieve 
the judges of the Supreme Court from travelling on the 
circuits, and confine them to the discharge of term 
duties only, — additional District Courts being estab- 
lished to take the place of the circuits which would 
be abolished. Subsequently his views underwent a 
change, and in an able speech delivered on the 7th of 
April, 1826, he reviewed the whole subject, showing 
the importance of requiring the judges to preside at 
the circuits, and adding to their number, when re- 
quired by the increase of the circuits. He pointed 
out the natural tendency of the Supreme Court to 
strengthen itself and to enlarge its powers, from the 
tenure of the appointment of its members ; and con- 
tended that, if their duties should become merely re- 
visory, and they be no longer brought into contact 
with the people by presiding at the circuits, they 
would lose all sympathy with them, and every feeling 



CHOICE OF ELECTORS. 415 

of dependence upon them, and thus become a court 
above the reach of the popular judgment, above the 
law and superior to the Constitution. 

In viev/ of the result of the presidential contest in 
1824, Mr. Van Buren made repeated efforts to procure 
an amendment of the Constitution dividing the states 
into electoral districts ; each district to choose one 
elector; the electors to vote for president and vice- 
president, and if no one had a majority of votes, then 
the electors to be again called together by the presi- 
dent and to vote for one of the two highest candidates ; 
and if, upon the second vote, there should be no choice, 
then the election to devolve upon the House of Rep- 
resentatives, as the Constitution already provided. 
The adoption of this amendment was advocated by 
him with much earnestness, at three successive ses- 
sions, but it failed of success. 

As Mr. Van Buren had favored a proposition to 
abolish imprisonment for debt in the state of New 
York, so he attempted to procure a similar reform in 
the civil code of the general government. He sup- 
ported the bill having this object in view, brought for- 
ward by Richard M. Johnson in 1823, and endeavored, 
though in vain, by various amendments and modifica- 
tions which he proposed, to render it satisfactory to a 
majority of the Senate. 

He also advocated the establishment of a uniform 
system of bankruptcy, in the winter of 1827, but op- 
posed every effort to ingraft upon the bill then under 



416 MARTIN VAN BUREN. 

discussion, any of the features of an insolvent law. At 
the same session, an interesting debate took place in 
the Senate on the subject of the trade with the British 
West India Colonies. In an able speech delivered on 
the 24th of February, 1827, Mr. Van Buren reviewed 
the whole controversy with Great Britain in regard to 
the colonial trade. After referring to the laws passed 
by Congress imposing discriminating and alien duties, 
the non-intercourse acts of 1818 and 1820, and the or- 
der in council laying countervailing duties on Amer- 
ican vessels, he said that there was good reason, in 
1824, to anticipate a speedy settlement of the difficulty. 
In 1817, the United States had adopted the principle 
" that the reciprocity of burdens and exemptions should 
extend to the cargo as well as to the vessel ;" and that 
the same privileges ought to be allowed to American 
produce imported into the British Colonies that were 
allowed to the produce of the mother country or its 
colonies. The British ministry declared this principle 
to be wholly inadmissible, but in the negotiations of 
1824 a disposition was manifested to abandon their 
ground. It was then proposed by the British govern- 
ment to place the United States on a footing with the 
most favored nation, but the American minister, in 
pursuance of positive instructions received through 
Mr. Adams, then secretary of state, insisted that Amer- 
ican produce should not be subjected to a higher duty 
or impost than that arriving from " any other place," 
— thus, in effect, denying to Great Britain the right of 



SPEECH ON THE COLONIAL TRADE. 417 

imposing discriminating duties for the encouragement 
of her own productions. The negotiations in 1824 
therefore failed, but when Mr. Adams became presi- 
dent, they were renewed again in 1826, and the Amer- 
ican minister was then instructed to yield the point 
which had prevented an amicable adjustment in 1824. 
But as the American authorities had suflered nearly 
two years to elapse without accepting the terms pro- 
posed by the British government in 1824, the latter 
now refused to abide by its previous offer. 

Meanwhile, however, acts had been passed in par- 
liament in June and July, 1825, opening British ports 
to foreign vessels coming from a foreign country, upon 
equal terms with British vessels, provided that the 
country engaging in such trade and having colonies, 
should allow British vessels to trade with its colonies 
on similar terms, or if not having colonies, that it 
should place the trade with the British Colonies on a 
footing with the most favored nation. To these acts 
the British ministry pointed in reply to the American 
proposition, in 1826, as forming the basis upon which 
a new negotiation must be opened. At the session 
of Congress in 1825-6, an ineffectual effort had been 
made, which Mr, Van Buren supported, to pass a law 
reciprocating the terms proposed by the British acts. 
The passage of this bill was successfully resisted by 
the friends of Mr. Adams, and the British govern- 
ment, by an order in council, of July, 1826, closed the 
ports of their West India Colonies against the vessels 

18* 



27 



418 MARTIN VAN BUEEN. 

of the United States. The trade thus interrupted was 
of great value and importance to the American people, 
and all parties professed to be anxious to secure it. It 
was the policy of the administration to force the Brit- 
ish government to abandon its position, by countervail- 
ing measures, although the United States had been 
placed in the wrong by neglecting promptly to accept 
the offer made in 1824, or to reciprocate the British 
acts of 1825. At the session of 1826-7, therefore, the 
friends of Mr. Adams in Congress proposed to pass 
a law closing our ports against British vessels coming 
by sea from certain enumerated ports, unless, within a 
specified time, the president should receive satisfactory 
information that the enumerated ports were open to 
American vessels upon the same terms prescribed in 
the British acts of 1825. This measure was avowedly 
one of retaliation, and Mr. Van Buren opposed it for 
that reason. He proposed, in its stead, to remove the 
ground of collision by abolishing the alien and discrim- 
inating duties upon certain conditions, and in the same 
law to present to the British government the ultima- 
tum of the United States in the very terms which the 
former had offered in 1824. In this way, he insisted, 
the final determination of the American government 
would be made known, and there would be no sacri- 
fice of national dignity. The position taken would be 
firm, yet at the same time conciliatory, and if the Brit- 
ish sfovernment revoked its order in council of 1826, 
the president would then, by proclamation, remove the 



FAVORS THE CESSION OF THE PUBLIC LANDS. 419 

discriminating duties imposed by former acts. The 
controversy would tiius be narrowed down to a single 
point. If Great Britain accepted the terms which she 
had herself proposed, the colonial trade would be 
opened ; if not, the United States would continue its 
retaliatory policy. 

In consequence of a disagreement between the two 
houses of Congress, no act was passed at the session 
of 1826-7 in regard to the colonial trade, and on 
the 17th of March, 1827, President Adams issued a 
proclamation, in pursuance of the act of 1823, declar- 
ing the trade with certain British ports to be prohib- 
ited. The general sentiment of the country was un- 
doubtedly in favor of an abandonment of the coercive 
policy, as Mr. Van Buren and others desired ; but 
the administration seem to have approved this policy, 
though they proposed, in 1820, the same terms offered 
by the British government in 1824. By the proclama- 
tion of the president, in March, 1827, the dispute was 
rendered still more difficult of adjustment ; and under 
such unfavorable circumstances, the question was left 
by Mr. Adams to be settled by his successor. 

Upon the subject of the public lands, Mr. Van Buren 
was early committed against the policy of distribution 
subsequently advocated with so much zeal and ability 
by Mr. Clay. While the former was in the Senate, 
this question was not presented in the shape it after- 
ward assumed, but in a few remarks submitted by 
him, in May, 182G, on a motion for information, he 



420 MARTIN VAN BUEEN. 

declared his readiness to vote for a proposition vesting 
the lands in the states in which they lay on just and 
equitable terms as related to the other states. This 
idea — the cession of the public lands to the states — 
shortly after became the antagonist proposition to Mr. 
Clay's plan of distribution. 

Mr. Van Buren was never friendly to a high protec- 
tive tariff. Upon this important question he seems to 
have occupied a sort of compromise ground. He did 
not adopt the extreme views of the friends of a strictly 
revenue tariff, but was in favor of protection to a mod- 
erate extent. In his opinion, " the establishment of 
commercial regulations, with a view to the encourage- 
ment of domestic products," was " within the consti- 
tutional power of Congress."* Yet he did not think 
a greater amount of revenue should be raised by a 
tariff of duties, than was necessary for the economical 
administration of the government; but that the degree 
of protection he favored might be realized by discrim- 
inating duties. His position was that, in the main, 
held by the republicans of the northern states, and 
though not exactly in accordance with that main- 
tained by the same party in the anti-tariff states, came 
much nearer to it than that of his opponents in the 
political contests through which he passed. 

He voted for the tariff act of 1824, though not en- 
tirely satisfied with all its details. The tariff move- 
ment in 1827-8 was almost wholly of a political char- 
* Letter to the Shocco Springs' Committee, October, 1832. 



THE TARIFF. 421 

acter ; and John Randolph pithily said of the act ol 
1828, that it referred " to manufactures of no sort or 
kind, but the manufacture of a president of the United 
States." The remark was no less witty than true. 
Political considerations connected with the approach- 
ing presidential election, either guided or controlled 
the proceedings that led to the passage of the act, and 
operated most powerfully upon the minds of its framers. 

It has been justly said of the administration of John 
Quincy Adams, that "the merits and demerits of his 
policy were positive.* But he failed to carry out any 
of the great measures which he recommended. The 
proceeds of the public lands were not distributed 
among the states ; no provision was made for a general 
system of internal improvements ; the coercive policy 
failed to secure the colonial trade; and the Panama 
mission, though sustained in Congress, was defeated, in 
the end, by a combination of circumstances. In regard 
to the tariff he did not fully commit himself in favor of 
the high protective system until his last annual mes- 
sage ; yet the subject was repeatedly brought before 
Congress by the Secretary of the Treasury, Mr. Rush. 

Previous to this time the tariff question had not en- 
tered much into national politics. But the interest 
which had been fostered by the acts of 1816 and 1824, 
had now become a most powerful one, and not content 
with the encouragement it had already received, was 
clamorous for additional protection. This was desired 
* American Annual Register. 



422 MARTIN VAN BUREN. 

not only by the manufacturers of iron, and of cotton 
and woollen goods, but by the wool and hemp growers 
of the middle and western states. The producers of 
corn and rye also asked to be protected against the im- 
portation of molasses for the manufacture of spirits, 
which was carried on somewhat extensively in the 
New England states. The whole Union, indeed, with 
the exception of the staple states at the south, seemed 
to be in favor of increasing the protective duties. It 
was evident, then, that this great interest must exert a 
controlling influence upon the presidential election in 
1828, and politicians of all parties engaged with zeal 
and earnestness in the effort to secure it for their par- 
ticular side. 

Mr. Adams was inclined to be partial to the manu- 
facturers in the Eastern states, a large majority of whom 
were his political friends ; and after the defeat of the 
woollens bill in 1827, he encouraged, if he did not ad- 
vise, the convention of the advocates of increased pro- 
tection held at Harrisburg in the summer of 1827. At 
this convention a tariff of high duties was agreed 
upon, which was satisfactory to the manufacturers, but 
did not meet the wishes of the agriculturists. Mr. 
Van Buren took a prominent part in a public meeting 
held in the city of Albany on the tenth of July, called 
for the purpose of considering the propriety of sending 
delegates to the Harrisburg convention, and was the 
principal speaker on the occasion. In his remarks he 
expressed himself friendly to a protective tariff^ but he 



NEW ORGANIZATION OF PARTIES. 423 

warned the manufacturers against uniting their for- 
tunes with any pohtical adventurer. He said that no 
system could be permanent that did not protect all the 
great interests of the country alike ; that neither the 
manufacturer nor the agriculturist should be favored at 
the expense of any other class ; and that moderate 
counsels were much more reliable than the intemperate 
zeal manifested by the leaders in the movement then 
making, which, as he firmly believed, proceeded " from 
the closet of the politician rather than from the work- 
shop of the manufacturer." 

Meantime the political elements had been moving 
adversely to the interests of Mr. Adams. Not a single 
measure of his administration had been successful, and 
none had added materially to the number of his friends. 
His union with Mr. Clay brought him no considerable 
accession of strength, for n^any of the most ardent ad- 
mirers of the latter no longer adhered to his fortunes. 
Mr. Adams had been reared in that school of moderate 
federalists to which his father belonged, and of which 
Rufus King was for many years the representative ; 
and while he supported the policy of Jefferson and 
Madison in respect to the foreign relations of the 
country, in its domestic legislation he seems to have 
been inclined to favor the doctrines of the school in 
which he was educated. From 1816 to 1825 parties 
were in a sort of transition state ; but upon the elec- 
tion of Mr. Adams, all the moderate federalists, and the 
conservative republicans — the latter, however, forming 



424 MAKTIN VAN BUREN. 

a small proportion of the republican party — rallied 
around his administration. The ulti'a federalists di- 
vided ; one portion forgetting their family differences 
with the Adamses and uniting with the administration 
party, and the other portion turning their backs on the 
principles they had once advocated, and going over to 
the new republican party now rallying under the lead- 
ership of Andrew Jackson. 

In the 19th Congress Mr. Adams' friends were in a 
large majority, but in the next Congress his opponents 
were the most numerous, and they were consequently 
enabled to give the tariff question such a direction as 
inured to the benefit of their favorite candidate. Be- 
fore referring to the passage of the act of 1828, how- 
ever, it may be well to explain more particularly the 
political course of Mr. Van Buren. 

For many years there had been two political parties 
in the state of New York, divided more upon personal 
than political questions. These were the Clintonians 
and the Bucktails. The former were composed of a 
fraction of the old republican party and the great ma- 
jority of the federalists, while the Bucktails consisted 
of the main body of the republicans united with the 
small number of federalists who had supported Madison 
and the war. During the administration of Mr. Mon- 
roe the two parties were separated upon state issues, or 
the merits of De Witt Clinton ; but when Mr. Adams 
became president, the members of either party soon 
found themselves disagreeing upon national questions. 



REELECTED TO THE SENATE. 425 

The leaders of both these parties, Mr. CHnton and Mr. 
Van Buren, were opposed to Mr. Adams. The former 
was one of the earUest friends of General Jackson in 
the northern states. Mr. Van Buren had supported 
Mr. Crawford during the contest of 1824, and after- 
ward adhered to him faithfully till his continued ill- 
health rendered it impossible that he should again be- 
come a candidate, when, with the whole Crawford 
party, the former united with the Jackson republicans 
and that portion of Mr. Clay's friends who could not 
be prevailed on to support Mr. Adams. 

With Mr. Clinton and Mr. Van Buren both arrayed 
against the administration, it was almost a hopeless 
task to think of securing the great state of New York 
for Mr. Adams, at the presidential election in 1828. 
Their views in regard to the succession were well 
known, but the Adams' men seem to have feared a col- 
lision, and to have carefully avoided it up to the last 
moment. The Clintonian Adams men in the New 
York legislature, nearly all of whom had been federal- 
ists, attempted to prevent the reelection of Mr. Van 
Buren to the Senate in the winter of 1827, and for that 
purpose held a caucus at which Stephen Van Rensse- 
laer was nominated as the opposing candidate. But 
the Bucktail Adams' men could not be prevailed upon 
to desert their leader, and but two of them attended 
the caucus. Mr. Van Buren was reelected, therefore, 
on the Gth of February, 1827, by a large majority. Be- 
sides receiving the support of the Bucktail members, 



426 MARTIN VAN BUREN. 

he was also voted for by several Clintonian Jackson 
men, who were known to be the confidential friends of 
Mr. Clinton, and very probably acted in accordance 
with his wishes. 

Mr. Van Buren's tact and skill as a party discipli- 
narian never stood him in greater stead than at this 
crisis. He possessed a rare faculty of governing and 
controlling men. His knowledge of human nature was 
extraordinary. He studied men as well as books. He 
was a practical politician, and he not only had ability, 
but he knew when and how to use it, and in what man- 
ner to take advantage of times and circumstances. 
No man contributed more than he to the organization 
of the Bucktail party, and it was almost a perfect piece 
of human machinery which could be guided and di- 
rected in accordance with his will. A firm adherence 
to regular nominations and to the decisions of party 
caucuses, was the cardinal feature of his creed, and it 
became that of his political friends. All merit has 
been denied to Mr. Van Buren in this respect, but that 
of a capacity for intrigue and cunning. A superficial 
observer might be disposed to concur in this judgment, 
but he who examines causes and effects more critically 
will see that Mr. Van Buren was obliged, as it were, 
to adopt this policy by the new order of things. Un- 
der the old constitution of the state and the party cus- 
toms then in vogue, the members of the legislature 
controlled everything ; they elected the council of ap- 
pointment, and they nominated the candidates for gov- 



SUPPORT OF GENERAL JACKSON. 427 

ernor and lieutenant-governor, and elected all the other 
state officers. Prior to 1828, also, the presidential 
electors were chosen by the legislature. 

But when the new constitution enlarged the basis 
of the right of suffrage, and nominating conventions 
composed of delegates appointed for a specified pur- 
pose, were substituted for legislative caucuses, it be- 
came necessary for the political leader who desired to 
be successful, to change his tactics. Executive patron- 
age alone was not sufficient : Mr. Clinton tried it and 
failed. But Mr. Van Buren, in addition to this, im- 
pressed upon his followers the absolute necessity, in 
order to be successful, of adhering firmly to the party 
organization, and of supporting with fidelity the nomi- 
nees of caucuses and conventions. The result de- 
monstrated his shrewdness and his wisdom. He suc- 
ceeded where others had experienced failures and dis- 
appointments, and his policy we have seen adopted 
and imitated by all the public men of his state. 

At the fall election in 1827 the issue was made be- 
tween the friends and opponents of General Jackson. 
No formal understanding had been entered into be- 
tween Mr. Van Buren and Mr. Clinton, but the inti- 
mate friends of the former frequently visited the gov- 
ernor, and whatsoever influence he could bring to bear 
upon the Clintonian Jackson men was cheerfully 
exerted. Mr. Van Buren carried the whole Bucktail 
party with him in support of General Jackson, with the 
exception of a few federalists or particular admirers of 



428 Martin VAN burEN. 

Mr. Clay. Consequently a very large majority of 
the members of the legislature chosen at this time 
were friendly to General Jackson, now become the 
leader and head of the reorganized republican, or, as it 
was called in the northern and western states, the 
democratic party. 

This demonstration alarmed the friends of Mr. 
Adams, and their only hope rested on the tariff ques- 
tion. But the Jackson men were in the majority of 
both Houses of Congress. They elected the speaker 
of the House of Representatives, and the committee 
on manufactures was constituted unfavorably to Mr. 
Adams. The tariff of duties agreed upon at Harris- 
burg was not approved by the committee, but a new 
bill was prepared which favored the agriculturists 
more than the manufacturing interest desired to do. 
This bill was drawn up by Silas Wright, a warm friend 
of Mr. Van Buren, and it provided for the imposition 
of a high rate of protective duties. While the bill was 
still pending, the New York legislature passed resolu- 
tions by an almost unanimous vote, instructing their 
senators to vote in its favor. Mr. Van Buren did not 
feel satisfied with the bill ; it is very probable, however, 
that he desired to have something done to secure the 
tariff interest in the middle and western states for Gen- 
eral Jackson ; and his votes upon the various amend- 
ments offered in the Senate seem to have been influ- 
enced more or less by this consideration. When the 



EFFECTS OF THE TARIFF BILL. 429 

final vote was taken, he obeyed his instructions, and 
supported the bill. 

The law of 1828, no doubt, added materially to the 
strength of General Jackson in the middle states, or to 
speak more properly, perhaps, it served an important 
purpose in preventing the administration from alienat- 
ing from him those tariff friends whose votes contrib- 
uted to his success. The Adams' men were completely 
outwitted, and their candidate failed. But the law was 
a bad one— unfair and unjust— and should never have 
been passed. It is very doubtful, indeed, whether the 
result of the presidential election would have been dif- 
ferent, taking the whole Union together, if the law had 
not been enacted. Giants, however, are as liable to 
stumble as pigmies, and great men sometimes commit 
errors as well as fools. 

At the same session of Congress, Mr. Van Buren 
advocated the passage of the bill for the relief of the 
surviving officers of the revolutionary army, in an able 
speech deUvered on the 28th of January, 1828. He 
also defended the position assumed by the vice-presi- 
dent, Mr. Calhoun, that the latter had no right to call 
a senator to order for words spoken in debate ; and in 
his speech on this question — which had an important 
political bearing, because Mr. Adams himself, who httd 
been assailed by John Randolph in the Senate, attacked 
the decision of the presiding officer, in the National In- 
telligencer — Mr. Van Buren entered into an elaborate 
review of the history of political parties, and showed. 



430 MARTIN VAN BUREN. 

as his friends claimed, that the administration party- 
had supported measures, and entertained opinions in 
regard to the powers of the government, similar to 
those brought forward and advocated by the federalists 
under the administration of the elder Adams. 

The question of the unconstitutionality of the United 
States Bank, or of its recharter, was not agitated while 
Mr. Van Buren was in the Senate ; but in his speech 
on the powers of the vice-president, he fully commit- 
ted himself upon it, in advance, and said that he re- 
garded the old bank as the " gvesit pioneer of constitu- 
tional encroachments." 

The peculiar position of De Witt Clinton and Mr. 
Van Buren with reference to national politics, they be- 
ing the leaders of rival parties in the state, yet both the 
friends and admirers of General Jackson — their per- 
sonal relations from 1825 till the death of Mr. Clinton 
— and the effect of that sad event upon the political 
fortunes of Mr. Van Buren — have been so often the 
subjects of comment, that it will not be out of place to 
introduce here some extracts from a letter addressed 
to the author by a cotemporary of those eminent men, 
whose means of information were such as to entitle his 
statements to be received with the fullest confidence : 

"There were not," says the letter, "any authorized 
steps taken toward bringing about a friendly under- 
standing between Governor Clinton and Mr. Van 
Buren in the winter of 1827-8, in view of the presi- 
dential election. The posture of parties and interests 



RELATIONS TOWARD DE WITT CLINTON. 431 

at that time, while it did not invite or produce personal 
antagonism or political asperity between those gentle- 
men, precluded anything like an arrangement or un- 
derstanding. At an earlier day, viz. during the session 
of 1826, interviews were certainly had between Ben- 
jamin Knower, Perley Keyes, and Governor Clinton, 
and between the friends of Governor Clinton and Mr. 
Van Buren ; but with less reference to the presidential 
question and to national politics, than to questions of 
state policy and of immediate legislative action. Indeed, 
at that time, the course of the democratic party in the 
state, — although the indications, to those familiar with 
moving causes, pointed in one direction, — the preva- 
lent, but quiet, feeling of that party, in all its public 
movements, was to avoid a discussion of, or direct 
committal upon, the presidential question, and to re- 
serve the democratic strength for an expression at the 
proper time that should carry its united energies, with 
auxiliaries from other parties, to the support of General 
Jackson. The legislative appointments of that session 
(1826), of Chancellor Jones and Colonel McKown, 
and particularly the desire of the friends of Mr. Van 
Buren to induce Governor Clinton to nominate Mr. 
Redfield * to the vacancy occasioned by the resigna- 
tion of Judge Rochester, led to these interviews and 
partial understandings. But the presidential question, 
although remote and not yet publicly mooted, was un- 
doubtedly not without its effect upon the action of the 
[* Heraan J. Redfield] 



432 MARTIN VAN BUBEN. 

day ; and led to a conciliatory course toward Gover- 
nor Clinton, and, no doubt, to a readiness to recipro- 
cate it on his part. After the election of 1824, and 
upon the accession of Mr. Adams in 1825, Governor 
Clinton avowed his preference for General Jackson. 
Many believed, — and I was so assured by prominent 
friends of his — that he declined the mission to Eng- 
land, ostensibly because he was unwilling to quit the 
state government, or to incur the expense of a foreign 
embassy in the state of his pecuniary affairs, but really 
because he preferred not to accept office under Mr. 
Adams, and thus identify himself with his adminis- 
tration. 

"In the spring of 1826, so well known were Gover- 
nor Clinton's views toward Mr. Adams, that among 
the prominent politicians in the democratic party at 
A4bany, an unwillingness was felt and expressed to 
bring out a candidate in opposition to him at the en- 
suing state election. The extent of this feeling was 
not unknown to Governor Clinton. The personal re- 
lations of Governor Clinton and Mr. Van Buren were 
at this time, if not cordial, at least friendly.* * * * 
But such was the prevalent desire of the democrats of 
the interior, where the old feeling was yet active, to 
offer a candidate of their own, that it was not deemed 
expedient or even practicable to resist it. A knowl- 

[* During the summer of 1826 friendly visits were interchanged 
between Governor Clinton and Mr. Van Buren. They dined with each 
other, and often met at the houses of their respective friends.] 



RELATIONS TOWARD DE WITT CLINTON. 433 

edge, however, of the existence of a quahfied friendly 
feeHng toward Governor Chnton at Albany, and a be- 
lief that any opposition to him would be unsuccessful, 
induced Chancellor Sanford and other prominent 
gentlemen to refuse their names as opposing candi- 
dates, although the former was urgently appealed to, 
when it was found that an opposing nomination was 
unavoidable. The nomination of Judge Rochester was 
then suggested, and promptly acquiesced in and cordi- 
ally supported by Mr. Van Buren and his friends. The 
greatly reduced majority by which Governor Clinton 
was reelected, evinced the activity and vigor with 
which the contest was conducted by the democratic 
party of the state. 

" Although this contest had, so far as the action of 
parties was involved, again separated Mr. Van Buren 
and Governor Clinton, and little opportunity for per- 
sonal intercourse was aflbrded, no personal asperity 
was manifested by either. Nor was it politic to in- 
dulge it, on either side, in any offensive manner, since 
whatever may have been Governor Clinton's induce- 
ments to a state of modified good feeling, the reelec- 
tion of Mr. Van Buren to the United States Senate, 
at the session of 1827, was a result which his friends 
were desirous to accompHsh, and which, however con- 
fident of success, they would not leave to the hazard 
of any fortuitous adverse combinations. It is undoubt- 
edly true, that, subsequently, the peculiar political as- 
pects, the known partiality of Governor Clinton for 

19 



23 



mS4e ~ MARTIN VAN BUREN. 

General Jackson, and the belief that it was in a degree 
at least reciprocated, threw a doubt over Mr. Van 
Buren's fortunes, and seemed to foreshadow an ulti- 
mate conflict between them for position in the adminis- 
tration. It is true, also, that this feeling produced its 
effect upon the minds of the principals, and the more 
immediate friends of each, and that some of them were 
not unwilUng to effect an understanding that should 
enable both to support General Jackson, and cooperate 
in his administration. A sort of armed truce followed 
the reelection of Mr. Van Buren to the Senate, two or 
three of the Clintonian friends of General Jackson 
having voted for him, while the great body of the party 
with which Governor Clinton acted voted against him, 
as they ultimately voted against General Jackson. * * * 
What would have been the course of events — what 
the struggle for ascendency in the cabinet or adminis- 
tration of General Jackson — and which would have ob- 
tained the mastery — for it is obvious that their aims 
and interests, and the parties attached to each, would 
clash — is now, and ever can be only matter of con- 
jecture, since the sudden death of Governor Clinton 
terminated his career and the aims of his friends, and 
placed Mr. Van Buren in the commanding position 
which led directly to his ascendency in the national 
councils." 

It may be idle to speculate upon the turn which the 
fortunes of Mr. Van Buren would have taken, if Mr. 
Clinton had not died at this particular juncture ; yet 



HIS PROSPECTS. 435 

it seems to be necessary, because it has been said that 
the former was indebted entirely for his subsequent 
success to the decease of his rival. The death of Gov- 
ernor Clinton, indeed, was fortunate for Mr. Van 
Buren, inasmuch as it removed a barrier to his politi- 
cal advancement ; but it is by no means improbable 
that that barrier, if such it had in reality proved, would 
have been overcome. If the chief magistracy of 
New York had contented Mr. Clinton, he would un- 
doubtedly have received the support of Mr. Van 
Buren ; but, had he aimed to secure a controlling in- 
fluence in the new administration, a collision between 
them would have been unavoidable. It was said by 
the presses in the interest of Mr. Adams, that if Mr. 
Van Buren had been appointed minister to England 
in 1825 instead of Rufus Kincf, there would have been 
no contest for the presidency in 1828 ; yet this com- 
pliment to his standing and importance, however de- 
served, had very little of truth, in other respects, to 
commend it. The ambition of Mr. Van Buren looked 
to advancement in the general government, and a for- 
eign mission was certainly not calculated to further 
his views. 

Mr. Van Buren occupied the vantage ground of 
Mr. Clinton with reference to national politics. He 
was the acknowledged leader of the old Crawford in- 
terest, and no politician belonging to .the republican, or 
democratic party, as they now styled themselves, in the 
northern states, contributed more than he to pave the 



MARTIN VAN BUKEN. 



way for the success of General Jackson. During the 
administration of Mr. Adams he stood in the front rank 
of the minority in the Senate. His fascinating address, 
his imperturbable temper, and his unfailing courtesy in 
times of the highest excitement, gained him many 
warm friends in Congress, and secured the respect of 
his opponents ; while, at the same time, his talents 
were achieving for him a national distinction, and 
many already anticipated his advancement to a larger 
sphere of usefulness. He had no rival from the north 
in Congress ; in the west, he had the powerful support 
of Thomas H. Benton ; and in the south, John Forsyth 
was his firm ally and friend. John C. Calhoun wielded 
a commanding influence in Pennsylvania, and in South 
Carolina and the adjoining states, but he had mani- 
fested his repugnance to De Witt Clinton at the very 
outset of his political career. Edward Livingston and 
Felix Grundy were the confidential friends of General 
Jackson ; the former, though now a resident of Louis- 
iana was the head of the Livingston family of New 
York and had inherited not a few of their prejudices 
against the Clintons ; and both were inclined to be par- 
tial to Mr. Van Buren rather than to Mr. Clinton. 

In respect of character and ability, also, Mr. Van 
Buren had the advantage of Mr. Clinton. Both pos- 
sessed talents of a high order. Mr. Van Buren had 
less genius, but more practical tact. Mr. Clinton had 
more self-reliance, Mr. Van Buren greater self-com- 
mand. The one was wilful, headstrong and impatient; 



ELECTED GOVERNOR. 437 

the other calm, cautious and prudent. Mr. Clinton 
was reserved in manner, but gave free utterance to 
his thoughts, — Mr. Van Buren was frank in manner, 
but concealed his thoughts. Mr. Clinton was always 
bold and decided, — Mr. Van Buren only so at the prop- 
er time. The former studied books, — the latter men. 
The one could scarcely control himself, much less gov- 
ern others ; the other was a complete master of him- 
self, and, therefore, easily obtained the mastery over 
others. Such being the distinctive traits of each, it is 
not difficult to determine which was the better poli- 
tician of the two, or which was more likely to be suc- 
cessful. 

By the death of Mr. Clinton, in February, 1828, a 
vacancy occurred in the executive administration of 
New York. The friends of Mr. Van Buren, as well 
as himself, were then looking forward to a seat in the 
cabinet, and they supposed it would advance his and 
their views, if they could stamp upon him the approba- 
tion of the democratic, or Jackson party, in the state, 
by electing him to the vacant gubernatorial chair. He 
was well satisfied with his position in the Senate, but 
deferred to the advice of his friends. But when it was 
decided that he should become a candidate, there was 
still a difficulty in the way ; and that was the selection 
of a proper person for lieutenant-governor, for, in case 
Mr. Van Buren were to take a seat in the cabinet, 
upon the former would devolve the executive duties for 
nearly the entire term. Mr. Van Buren, of course, had 



438 MARTIN VAN BUREN. 

no desire that the office should be filled by one who 
was unfavorably disposed toward himself; and in the 
event of the Jackson party being successful, it was 
foreseen that great caution and prudence would be re- 
quired in the appointments to offices, most of them be- 
ing then filled by Clintonians, and the Bucktail Jack- 
son men naturally regarding themselves as better en- 
titled to favor. 

It was finally agreed that Enos T. Throop, then cir- 
cuit judge of the seventh circuit, was the most suitable 
person to be supported for the office of lieutenant-gov- 
ernor. Besides possessing the requisite talents for the 
proper discharge of the duties of the higher office, 
Judge Throop was a firm party man, and cherished 
no ulterior views that could possibly clash with the in- 
terests of Mr. Van Buren. Accordingly, the latter 
visited the Judge at his residence on the Owasco Lake, 
near Auburn, in the summer of 1828, and prevailed 
upon him to permit the use of his name before the 
democratic convention soon to assemble. 

The Jackson convention met at Herkimer in Sep- 
tember, and Mr. Van Buren and Judge Throop were 
nominated for governor and lieutenant-governor. The 
selection of the former had been generally anticipated, 
and no opposition was made to his nomination in the 
convention. The election was a warm and exciting 
one, particularly in relation to the contest for the pres- 
idency. For the state offices there were three tickets 
in the field. Smith Thompson, one of the Justices of 



ENTERS UPON HIS DUTIES AS GOVERNOR. 439 

the Supreme Court of tiie United States, was supported 
for governor by the Adams men, or National Repub- 
licans, and Solomon Southwick by the Anti-masons, a 
new political party then recently formed. The Anti- 
masonic ticket drew off from Mr. Van Buren a num- 
ber of Jackson men in the western part of the state ; 
and, consequently, he did not receive a majority oyer 
both the opposing candidates. There were over two 
hundred and seventy-six thousand votes cast for gov- 
ernor ; the plurality of Mr. Van Buren over Judge 
Thompson was upwards of thirty thousand ; and Mr. 
Southwick received only about thirty-three thousand 
votes. If there had been but two tickets, Mr. Van 
Buren would still have been elected without any ques- 
tion, although Mr. Hammond is so positive in express- 
ing a contrary opinion.* The masons among the na- 
tional republicans would never have voted for an anti- 
mason, and all the leading anti-masons were as yet de- 
cidedly adverse to a coalition with either one of the 
two principal parties. f The true test was the electoral 
ticket ; the Jackson candidates receiving upwards of 
five thousand majority in the state. 

Having resigned the office of Senator, Mr. Van 
Buren took the constitutional oath as governor of the 
state on the first day of January, 1829. His message 
at the commencement of the session of the legislature 
in the same month was admitted to be an able one by 

* Political History, voL ii. p. 289. 

f Mr. Van Bur^n and Mr. Throop were not masons. 



MARTIN VAN BUREN. 



members of all parties. He referred approvingly to 
the canal system and policy of the state, but advised 
caution in the prosecution of other works. He recom- 
mended, also, the abolition of the auction monopoly, 
the revision of the election laws so as to prevent the 
unnecessary expenditure of money at elections, the 
repeal of the district system of choosing presidential 
electors and the substitution of a general ticket ; but 
the principal topic of his message, as it was the engross- 
ing subject of discussion in the legislature, was the re- 
newal of the bank charters, a large portion of which 
were about to expire. A reform in the banking system 
of the state had long been called for, and had been re- 
peatedly recommended by De Witt Clinton. The peo- 
ple of the state had suffered a great deal from the fre- 
quent failures of banking institutions, and demanded a 
change. Different plans had been proposed to remedy 
the evils complained of, but one, subsequently known 
as the safety fund system, prepared by Joshua Forman, 
then a resident of Syracuse, but who afterward re- 
moved to North Carolina where he died, appeai-ed to 
be the most feasible. This was submitted to Mr. Van 
Buren, and after undergoing some modifications sug- 
gested by himself or the experienced bankers v/hom he 
consulted, was adopted by him. He recommended it 
to the attention of the legislature in his annual mes- 
sage, and soon after laid it before them in detail. The 
plan, in substance, was approved of by the legislature, 
and the safety fund law enacted ; and all the banks in 



APPOINTED SECRETARY OF STATE. 441 

the state were soon brought under this system. Sub- 
sequent events showed that it did not afibrd a perfect 
protection against fraud or failure; but it was so great 
an improvement on the old system, that Mr. Van 
Buren is entitled to much credit for perceiving its 
merits and for adopting it. 

Mr. Van Buren's career as governor of the state 
was brief, indeed. His administration had just fairly 
commenced when he was invited by General Jackson, 
as had been anticipated by himself and his friends, to 
take a seat in the cabinet as secretary of state. The 
position thus tendered to him was accepted in compli- 
ance with the wishes of the democratic members of the 
legislature to whom the invitation was made known, 
and who advised its acceptance. On the 6th day of 
March, 1829, the nomination of Mr. Van Buren was 
unanimously confirmed by the Senate of the United 
States, and on the 12th instant, he announced to the 
legislature his resignation of the gubernatorial office. 
Resolutions were adopted by that body congratulating 
him on his appointment and approving of his decision; 
and accompanied by the best wishes of his friends he 
repaired to his post at the seat of government of the 
nation. 

Though removed, as it were, from the politics of 
New York, Mr. Van Buren left behind him a great 
number of devoted friends to take care of his interests, 
to represent him in his native state, and to sustain him 
in his new position by her voice and influence. Among 

19* 



442 MARXm VAN BUREN. 

them were the acting governor, Judge Throop, William 
L. Marcy, lately comptroller but then an associate 
justice of the supreme court, Silas Wright, jr., the 
comptroller, Azariah C. Flagg, secretary of state, Ed- 
win Croswell, editor of the Albany Argus, James 
Porter, Register in Chancery and a brother-in-law of 
Governor Throop, and Benjamin F. Butler, the former 
law-partner of Mr. Van Buren. All were men of de- 
cided talents, and for many years they wielded an in- 
fluence in this state in favor of Mr. Van Buren that 
was irresistible. They were termed by their opponents 
the Albany Regency, and Mr. Van Buren was called, 
somewhat derisively, the favorite son of New York. 
Whether these appellations were just or unjust, it is 
certain that they exercised a regent's power, and he 
was the fortunate, if not the favorite son, of his native 
state. 

The office of secretary of state afforded no opportu- 
nity for particular distinction. The policy introduced 
by Mr. Van Buren and approved by General Jackson, 
in the management of our foreign relations, was frank 
and liberal, but firm and decided. While he had 
charge of the department, the negotiations with Eng- 
land were reopened, the coercive policy was aban- 
doned, and the colonial trade finally secured upon the 
most favorable terms. Other important negotiations, 
particularly with reference to long pending claims, 
were commenced under his auspices, and, after he left 
the department, conducted to a satisfactory adjustment 



DIVISIONS IN THE CABINET. 443 

of the different questions involved, in the manner he 
had foreshadowed. 

It was the desire of General Jackson that his cabinet 
should be a unit. Determined himself to assume all 
the responsibility of the acts of his administration, 
he wished his advisers to act harmoniously together. 
This was found to be impossible. Divisions and jeal- 
ousies sprung up, and the cabinet was at length dis- 
solved. The ostensible cause of this apparently un- 
toward event affected only the private relations of the 
members of the cabinet, but the real source of the dif- 
ficulty was more important. There were now two 
rival candidates for the succession — Mr. Van Buren 
and Mr. Calhoun — made so principally by the action 
of their friends. Each party endeavored to secure the 
higher position in the administration, and each was rep- 
resented in the cabinet. Mr. Van Buren had the 
whole republican party in the north and west, with a 
few unimportant exceptions, in his favor. Mr. Calhoun 
had many warm friends all over the union, but at the 
south, where his chief popularity lay, the Crawford 
men divided the power with him. Mr. Van Buren 
was the favorite with the old Crawford party ;* and 
they now arrayed themselves on his side. The sup- 
porters of Mr. Calhoun claimed to be particularly the 

* The Crawford men in Georgia gave tlie vote of the state for 
vice-president, in 1824, to Mr. Van Buren, and in 1828 they refused 
to support Mr. Calhoun, and gave the electoral vote of the state to 
William Smith, of South Carolina. 



444 MARTIN VAN BUREN. 

friends of General Jackson, and the Crawford men, who 
could not forget that the former had been the chief 
cause of the defeat of their candidate in 1824, replied 
by charging them with being secretly hostile to the ad- 
ministration ; and they pointed to Mr. Calhoun's course 
as a member of Mr. Monroe's cabinet in advising the 
censure of General Jackson for his conduct during the 
Seminole war, as affording the evidence of his per- 
sonal hostility to the incumbent of the presidential 
chair. 

The strife in the cabinet and in the party resulted in 
the ascendency of Mr. Van Buren, and the original 
Crawford and Jackson men became arrayed against 
the friends of Mr. Calhoun. For a long time after the 
elements of dissolution were found to be at work in the 
cabinet, Mr. Van Buren kept it together by his concil- 
iatory course, his admirable temper, his kindness of 
manner, and his prudence of speech and action. But 
he was ultimately convinced that the success of the 
administration, and his own prospects for the future, 
demanded his retirement from a position so unpleasant; 
and on the 11th of April, 1831, he opened the way to a 
dissolution of the cabinet, by a voluntary resignation 
of the office which he held. 

General Jackson had now become warmly attached 
to Mr. Van Buren. He had great confidence in his 
ability, and desired to secure his services in another 
capacity. It had been his wish to settle all the ques- 
tions in difference with Great Britain, such as the right 



APPOINTED MINISTER TO ENGLAND. 445 

of blockade, the impressment of seamen, and the right 
of search, which had occasioned the war of 1812, and 
still remained unadjusted. Had Mr. Van Buren con- 
tinued in the state department, he would have had the 
management of the negotiations; and it seemed to the 
president that the same thing might, in effect, be ac- 
complished, by the appointment of the late secretary- 
as minister to England, with full powers to conduct the 
negotiation upon those questions. Immediately after 
[lis resignation, therefore, the mission was tendered to 
Mr. Van Buren. His immediate friends were anxious 
that he should remain in the country, but the president 
so earnestly urged his acceptance that he finally com- 
plied and embarked for England in the course of the 
following summer. He reached London in September, 
and was received by the British court with every mark 
of favor. 

The appointment of Mr. Van Buren having been 
made during the recess, it was one of the first brought 
forward for consideration when the Senate assembled 
at the regular session of Congress in December. It 
soon began to be whispered abroad that it would be 
opposed, and the question of his confirmation was thus 
placed in doubt. The instructions of Mr. Van Buren 
to Mr. McLane, by whom the negotiations for the re- 
covery of the colonial trade had been conducted, were 
called for ; and from these it appeared that that gen- 
tleman had been instructed, in his discretion however, 
to inform the British cabinet, if necessary to remove 



446 MARTIN VAN BUREN. 

the bad feelings produced by the course of the pre- 
vious administration, of the position occupied by those 
then in authority with reference to the colonial trade. 
The tone of these instructions, though what might 
reasonably have been expected from Mr. Van Buren, 
considering his decided opposition to the coercive 
policy of Mr. Adams, was displeasing to the friends of 
the late administration in the Senate, and they voted 
against the confirmation. With them voted the two 
senators from South Carolina, Mr. Poindexter of Mis- 
sissippi, and Mr. Moore of Alabama, who were the 
confidential friends of Mr. Calhoun. The vote was 
now a tie, and the vice-president, Mr. Calhoun, decided 
it in the negative, that the Senate would not advise or 
consent to the appointment. 

Like the removal of Mr. Clinton from the office of 
Canal Commissioner, the rejection of Mr. Van Buren 
was an ill-advised act, and it often returned "to plague 
the inventors." It gained him troops of friends in 
every state in the union. He was regarded as a perse- 
cuted man, and meetings of indignation were held all 
over the country. In New York the proceedings were 
marked by great enthusiasm and devotion to Mr. Van 
Bui'en, and when he returned home he was welcomed 
by a perfect shower of addresses and resolutions, ex- 
pressing condemnation of the act of rejection and the 
warmest attachment to his person. 

The rejection did more than this. It secured him 
the nomination for the vice-presidency on the same 



ELECTED VICE-PRESIDENT. 447 

ticket with General Jackson in 1832, by a national 
democratic convention held at Baltimore in the month 
of May. This nomination was made in accordance 
with the general sentiment of the party as expressed 
at the county and state conventions. The republicans 
of Pennsylvania alone withheld from him their support, 
because he was understpod to be opposed to a high 
protective tariff. He received a large majority of the 
electoral votes, however. The whole number was two 
hundred and eighty-six, one hundred and eighty-nine 
of which were given to him. 

As the presiding officer of a deliberative body Mr. 
Van Buren had no superior. Both friends and enemies 
conceded to him the possession of rare qualities for 
such a station. A political opponent bears this honor- 
able testimony : " A model presiding officer was Mr. 
Van Buren. The attentive manner in which he lis- 
tened, or seemed to listen, to each successive speaker, 
no matter how dull the subject, or how stupid the 
orator, the placidity of his countenance, unruffled in 
the midst of excitement, the modest dignity of his de- 
portment, the gentlemanly ease of his address, his well- 
modulated voice and sympathetic smile, extorted ad- 
miration from even an opposing Senate ; while the 
proper firmness he displayed on all occasions, the read- 
iness with which he met and repulsed any attack upon 
the privileges or dignity of the chair, the more conspicu- 
ous in contrast with the quiet indifference with which 



MARTIN VAN BUREN. 



he entertained any merely personal assault, gained him 
the good-will of all beholders."* 

The office of vice-president is one mainly of honor ; 
and rarely in itself one of high importance. Mr. Van 
Buren supported the administration of General Jackson 
with all his influence, in the contest with the United 
States Bank, the removal of the deposits, the compro- 
mise, the controversy with South Carolina, the French 
difficulty, and all the other great measures and ques- 
tions with which it was identified. Ever since his re- 
jection it had been tacitly understood that he would be 
the candidate of the democratic party to succeed Gen- 
eral Jackson ; and at a national Convention held at 
Baltimore, in May, 1835, he was nominated by an 
unanimous vote on the first ballot, and the late Richard 
M. Johnson, of Kentucky, was selected as the republi- 
can candidate for vice-president. The protracted 
struggle of the United States Bank was now ended, 
and the country was apparently peaceful and prosper- 
ous. The election in 1830, therefore, passed off quiet- 
ly, and Mr. Van Buren succeeded by a large majority. 
In the state of New York the majority for the Van 
Buren electors w^as nearly twenty-eight thousand. In 
the union he received one hundred and seventy of the 
two hundred and ninety-four electoral votes. He was 
duly inaugurated on the 4th day of March, 1837, on 
which occasion he delivered an address, the following 
extracts from which will show the views and prin- 

* March's Reminiscences of Congress, p. 275. 



INAUGURAL ADDHESS. 449 

ciples with which he entered upon the presidential 
office. 

" The success that has attended our great experiment is, in itself, 
sufficient cause for gratitude, on account of the happiness it has actu- 
ally conferred, and the example it has unanswerably given. But to 
me, my fellow-citizens, looking forward to tlie far distant future, with 
ardent prayers and confiding hopes, this retrospect presents a ground 
for still deeper dehght. It impresses on my mind a firm belief that 
the perpetuity of our institutions depends upon ourselves ; that, if 
we maintain the principles on which they were established, they are 
destined to confer their benefits on countless generations yet to come • 
and that America will present to every friend of mankind the cheering 
proof, that a popular governnaent, wisely formed, is wanting in no 
element of endurance or strength. Fifty years ago its rapid failure 
was boldly predicted. Latent and uncontrollable causes of dissolution 
were supposed to exist, even by the wise and good ; and not only did 
unfriendly or speculative theorists anticipate for us the fate of past 
republics, but the fears of many an honest patriot overbalanced liis 
sanguine hopes. Look back on these forebodings, not hastily, but 
reluctantly made, and see how, in every instance, they have comjjletely 
failed, 

" An imperfect experience, during the struggles of the Revolution, 
was supposed to warrant a belief that the people would not bear the 
taxation requisite to the discharge of an immense pubhc debt already 
incurred, and to defray the necessary expenses of the government. 
The cost of two wars lias been paid, not only without a murmur, but 
with unequalled alacrity. No one is now left to doubt that every 
burden will be cheerfully borne that may be necessary to sustain our 
civil institutions, or guard our honor or our welfare. Indeed, all ex- 
perience has shown that tlie willingness of the people to contribute to 
these ends, in cases of emergency, has uniformh- outrun the confidence 
of their representatives. 

" In the early stages of the new government, when all felt tlie im- 
posing influence, as they recognized the unequalled services of tlie first 



29 



450 MARTIN VAN BUREN. 

president, it was a common sentiment, that the great ■weight of hia 
character could alone bind the discordant materials of our government 
together, and save us from the violence of contending factions. Since 
his death nearly forty years are gone. Party exasperation has been 
often carried to its highest point ; the virtue and fortitude of the 
people have sometimes been greatly tried ; yet our system, purified 
and enhanced in value by all it has encountered, still preserves its 
spirit of free and fearless discussion, blended with unimpaired fraternal 
feeling. 

" The capacity of the people for self-government, and their willing- 
ness, from a high sense of duty, and without those exhibitions of 
coercive power so generally employed in other countries, to submit 
to all needful restraints and exactions of the municipal law, have also 
been favorably exemplified in the history of the American states. 
Occasionally, it is true, the ardor of public sentiment, outrunning the 
regular progress of the judicial tribunals, or seeking to reach cases not 
denounced as criminal by the existing law, has displayed itself in a 
manner calculated to give pain to the friends of free government, and 
to encourage the hopes of those who wish for its overthrow. These 
occurrences, however, have been far less frequent in our country than 
in any other of equal population on the globe ; and with the diffusion 
of intelligence, it may well be hoped that they will constantly diminish 
ill frequency and violence. The generous patriotism and sound com- 
mon sense of the great mass of our fellow-citizens will assuredly, in 
time, produce this result ; for as every assumption of illegal power 
not only wounds the majesty of the law, but furnishes a pretext for 
abridging the liberties of the people, the latter have the most direct and 
permanent interest in preserving the great landmarks of social order, 
and maintaining, on all occasions, the inviolability of those constitu- 
tional and legal provisions which they themselves have made. 

" In a supposed unfitness of our institutions for those hostile emer- 
gencies which no country can always avoid, their friends found a 
fruitful source of apprehension — their enemies of hope. While they 
foresaw less promptness of action than in governments differently 
formed, they overlooked the fiir more important consideration, that, 



INAUGURAL ADDRESS. 451 

with US, war could never be the result of individual or irresponsible 
will, but must be a measure of redress for injuries sustained, voluntarily 
resorted to by those who were to bear the necessary sacrifice ; who 
would consequently feel an individual interest in the contest, and 
whose energy would be commensurate with the difficulties to be 
encountered. Actual events have proved their error; the last war, 
far from impairing, gave new confidence to our government ; and amid 
recent apprehensions of a similar conflict, we saw that the energie3 
of our country would not be wanting in ample season to vindicate its 
rights. We may not possess, as we should not desire to possess, the 
extended and ever ready military organization of other nations; we 
may occasionally suffer in the outset for the want of it, but, among 
ourselves, all doubt upon this great point has ceased, while a salutary 
experience will prevent a contrary opinion from inviting aggression 
from abroad. 

" Certain danger was foretold from the extension of our territory, 
the multiplication of states, and the increase of population. Our sys- 
tem was supposed to be adapted only to boundaries comparatively 
narrow. These have been widened beyond conjecture ; the members 
of our confederacy are already doubled; and the numbers of our 
people are incredibly augmented. The alleged causes of danger have 
long surpassed anticipation, but none of the consequences have follow- 
ed. The power and influence of the republic have risen to a height 
obvious to all mankind ; respect for its authority was not more appa- 
rent at its ancient than it is at its present limits ; new and inexhaustible 
Bources of general prosperity have been opened ; and effects of distance 
have been averted by tlie inventive genius of our people, developed 
and fostered by the spirit of our institutions ; and the enlarged variety 
and amount of interests, productions, and pursuits, have strengthened 
the chain of mutual dependence, and formed a circle of mutual benefits, 
too apparent ever to be overlooked. 

" In justly balancing the powers of the federal and state authorities, 
difficulties nearly insurmountable arose at the outset, and subsequent 
collisions were deemed mevitable. Amid these, it was scarcely be- 
lieved possible that a scheme of government, so complex in construe- 



452 MARTIN VAN BUREN. 

tioD, could remain uninjured. From time to time embarrassments 
have certainly occurred ; but how just is tlie confidence of future 
safety imparted by the knowledge that each in succession has been 
happily removed ! Overl loking partial and temporary evils as insep- 
arable from the practical o])eration of all human institutions, and look- 
ing only to the general result, every patriot has reason to be satisfied. 
While the federal government has successfully performed its appro- 
priate functions in relation to foreign affairs, and concerns evidently 
national, that of every state has remarkably improved in protecting 
and developing local interests and individual welfare; and if the 
vibrations of authority have occasionally tended too much toward one 
or the other, it is unquestionably ceitain that the ultimate operation 
of the entire system has been to strengthen all the existing institutions, 
and to elevate our whole coimtry in prosperity and renown. 

" The last, perhaps the greatest, of the ]>rominent sources of discord 
and disaster supposed to lurk in our political condition, was the insti- 
tution of domestic slavery. Our forefathers were deeply impressed 
with the delicacy of this subject, and they treated it with a forbear- 
ance so evidently wise, that, in spite of every sinister foreboding, it 
never, until the present period, disturbed the tr;mquillity of our com- 
mon country. Such a result is sufficient evidence of the justice and 
the patriotism of their course ; it is evidence not to be mistaken, that 
an adherence to it can prevent all embarrassment from this, as well as 
every other anticipated cause of difficulty or danger. Have not recent 
events made it obvious, to the slightest reflection, that the least devia- 
tion from this spirit of forbearance is injurious to every interest, that 
of humanity included ? 

" Amid the violence of excited passions, this generous and fraternal 
feeling has been sometimes disregarded ; and standing as I now do 
before my countrymen, in this high place of honor and of trust, I can 
not refrain from anxiously invoking my fellow-citizens never to be 
deaf to its dictates. Perceiving, before my election, the deep interest 
this subject was begimiing to excite, I believed it a solemn duty fully 
to make known my sentiments in regard to it ; and now, when every 
motive for misrepresentation has passed away, I trust that they will 



INAUGURAL ADDRESS. 

be candidly weighed and understood. At least, they will be my 
standard of conduct in the path before me. I then declared that, 
if the desire of those of my countrymen who were favorable to 
my election was gratified, ' I must go into the presidential chair the 
inflexible and uncompromising opponent of every attempt on the part 
of Congress, to abolish slavery in the District of Columbia, against the 
wishes of the slaveholding states ; and, also, with a determination 
equally decided to resist the slightest interference with it in the states 
where it exists.' I submitted also to my fellow-citizens, with fulness 
and frankness, the reasons which led me to this determination. The 
result authorizes me to believe that they have been approved, and are 
confided in by a majority of the people of the United States, including 
those whom they most immediately affect. It now only remains to 
add, that no bill conflicting with these views, can ever receive my 
constitutional sanction. These opinions have been adopted in the firm 
belief that they are in accordance with the spirit that actuated the 
venerated fathers of the republic, and that succeeding experience has 
proved them to be humane, patriotic, expedient, honorable, and just. 
If the agitation of this subject was intended to reach the stability of 
our institutions, enough has occurred to show that it has signally fail- 
ed ; and that in this, as in every other instance, the apprehensions of 
the timid and the hopes of the wicked for the destruction of our 
government, are again destined to be disappointed. Here and there, 
indeed, scenes of dangerous excitement have occurred — terrifying 
instances of local violence have been witnessed ; and a reckless disre- 
gard of the consequences of their conduct has exposed individuals to 
popular indignation ; but neither masses of the people, nor sections 
of the country, have been swerved from their devotion to the bond of 
union, and the principles it has made sacred. It will be ever thus. 
Such attempts at dangerous agitation may periodically return, but, 
with each, the object will be better understood. That predominating 
affection for our political system which prevails throughout our terri- 
torial limits, that calm and enlightened judgment which ultimately 
governs our people as one vast body, will always be at hand to resist 



454 MARTIN VAN BUREN. 

and control every effort, foreign or domestic, which aims, or would 
lead, to overthrow our institutions. 

" What can be more gratifying than such a retrospect as this ? We 
look back on obstacles avoided, and dangers ovei'come, — on expecta- 
tions more than realized, and prosperity perfectly secured. To the 
hopes of the hostile, the fears of the timid, and the doubts of the 
anxious, actual experience has given the c(^nclusive reply. We have 
seen time gradually dispel every unfavorable foreboding, and our 
constitution surmount every adverse circumstance, dreaded at the out- 
Bet as beyond control. Present excitement will, at all times, magnify 
present dangers ; but true philosophy must teach us that none more 
threatening than the past can remain to be overcome ; and we ought, 
for we have just reason, to entertain an abiding confidence in the 
stability of our institutions, and an entire conviction that, if adminis- 
tered in the true form, character and spirit, in which they were 
established, they are abundantly adequate to preserve to us and our 
children the rich blessings already derived from them ; to make our 
beloved land, for a thousand generations, that chosen spot where 
happiness springs from a perfect equality of political rights. 

" For myself, therefore, I desire to declare, that the principle that 
will govern me in the high duty to which my country calls me, is a 
strict adherence to the letter and spirit of the constitution, as it was 
designed by those who framed it. Looking back to it as a sacred 
instrument, carefully and not ea.«ily framed ; remembering that it was 
throughout a work of concession and compromise ; viewing it as limit- 
ed to national objects ; regarding it as leaving to the people and the 
states all power not explicitly parted with, I shall endeavor to pre- 
serve, protect, and defend it, by anxiously referring to its provisirais 
for direction in every action. To matters of domestic concernment 
which it has intrusted to the federal government, and to such as relate 
to our intercourse with foreign nations, I shall zealously devote my- 
self ; beyond those limits I shall never pass. * * 

" In receiving from the people the sacred trust twice confided to ray 
illustrious predecessor, and which he has discharged so faitlifuUy and 
80 well, I know that I cannot expect to perform the arduous task with 



OPPOSITION TO THE ABOLITIONISTS. 455 

equal ability and success. But united as I have been in his counsels, 
a daily witness of his exclusive and unsurpassed devotion to his coun- 
try's welfare, agreeing with him in sentiments which his countrymen 
have warmly supported, and permitted to partake largely of his confi- 
dence, I may hope that somewhat of the same cheering approbation 
will be found to attend upon my path. For him, I but exj^ress, with 
my own, the wishes of all, that he may yet long live to enjoy the 
brilliant evening of his well-spent life ; and for myself, conscious of 
but one desire, faithfully to serve my country, I throw myself without 
fear on its justice and kindness. Beyond that, I only look to the 
gracious protection of the Divine Being whose strengthening support 
I humbly solicit, and whom I fervently pray to look down upon us 
alL May it be among the dispensations of his providence to bless our 
beloved country with honors and with length of days ; may her ways 
be ways of pleasantness, and all her paths be peace 1" 

It will be seen that the subject of the abolition of 
slavery constituted an important feature in the inau- 
gural address. The agitation of this question had 
commenced in 1834-5 in the northern states. Mr. 
Van Buren and his friends in New York had, from 
the first, set their faces steadily against the movement. 
He deprecated the excitement as being likely to lead 
to sectional animosities which would disturb the peace 
and tranquillity of the union. While a candidate for 
the presidency in 1836, he declared himself, in reply 
to numerous inquiries, unequivocally and unalterably 
opposed to the anti-slavery agitation ; and while he 
felt bound to admit that Congress possessed the power 
of abolishing slavery in the District of Columbia, which 
the abolitionists were then striving to accomplish, he 
said that, in his opinion, there were objections to the 



456 MARTIN VAN BUREN. 

exercise of that power as imperative in their nature 
and obligation " as the most palpable want of constitu- 
tional power would be." * Wisely, therefore, with a 
view of preventing the further spread of the excite- 
ment, and of quieting the fears of his republican 
friends at the south who had so generously and so 
warmly supported him during the recent canvass, he 
pledged himself on the threshold of his administration 
not to countenance in aught the designs of the aboli- 
tionists. 

From the tone of his inaugural address, from his in- 
timacy with General Jackson and his well-known ap- 
proval of the leading measures of the late administra- 
tion, the inference was irresistible, that Mr. Van Buren 
designed to carry out the same policy which had been 
pursued by his distinguished friend and predecessor. 
Had he not expressed himself so fully on this point, 
the conclusion would have been a natural one ; espe- 
cially when it was seen that he continued in office the 
cabinet advisers of General Jackson. 

Mr. Van Buren was fortunate indeed in being sur- 
rounded by counsellors so able and distinguished on his 
first advent to power. At the head of the state depart- 
ment was his old and tried friend, the chivalric, accom- 
plished and talented John Forsyth ; Levi Woodbury, 
the able lawyer, the cool-headed statesman, and the 
skilful financier, presided over the destinies of the 
Treasury ; Joel R. Poinsett, eminent both as a scholar 

* Letter to the citizens of Jackson, North Carolina, March 6, 1836. 



THE SURPLUS REVENUE. 457 

and politician, was selected to take charge of the war 
department recently vacated by the appointnient of 
Governor Cass as minister to France; Mahlon Dicker- 
son, for many years the sagacious and high-minded sen- 
ator from New Jersey, was the secretary of the navy ; 
Amos Kendall, the shrewd and forcible political writer, 
was the postmaster-general ; and Benjamin F. Butler, 
the pupil, law-partner and protege of the new presi- 
dent, filled the office of attorney-general. With such 
men to counsel and advise, had Mr. Van Buren pos- 
sessed a bare tithe of the talents which were really his 
own, he could scarcely have failed to conduct his ad- 
ministration creditably and respectably, if not safely, 
through the trials and difficulties, the dangers and em- 
barrassments, which constantly beset it from its begin- 
ning to its close. 

The fourth of March, 1837, was a bright and beau- 
tiful day ; and if the natural world ever sympathized 
with the pursuits and interests, the hopes and desires, 
of those who inhabit it, this might have been deemed 
a favorable augury for the new administration. Pros- 
perity smiled on every hand, and happiness beamed in 
every countenance. But the former was unreal, and 
the latter, of course, evanescent. The bitter conse- 
quences of the high tariff policy were now apparent. 
A vast surplus of revenue had accumulated under the 
law of 1828 and the compromise act, which large ex- 
penditures had failed to absorb. Divided among the 
state banks selected as the depositories of the public 

20 



458 MARTIN VAN BUREN. 

treasure, it became the basis of discounts to be counted 
only by millions. The expansion of the circulating 
medium was as rapid as the inflation of a balloon. 
Banking accommodations were furnished liberally, in 
many cases lavishly. Money was no more plenty than 
it had been, but the country was flooded with a paper 
currency. Credit was substituted for money, — the 
mere representative of money was mistaken for money 
itself. 

Every one thought he was becoming richer, and as 
the volume of the currency enlarged, his ideas ex- 
panded. A mad spirit of speculation was the result. 
An unwonted energy — not the vigor of health, but the 
fiery vehemence of fever — was infused into every de- 
partment of business. Cautious and far-seeing men 
looked on with doubt and trembling as they saw this 
strange delusion running riot through the land. Con- 
gress hastened to remedy the evil, and in 1830 the sur- 
plus was directed to be distributed among the states. 
Mr. Van Buren was opposed to this law, and his inti- 
mate friends in the Senate, Mr. Wright and Mr. Ben- 
ton, predicted that it would have the effect which was 
soon witnessed. As the basis of the credit system was 
withdrawn the banks curtailed their discounts. The 
day of payment came — the delusion was over — and 
paper was no longer money ! 

Within less than two months after the inauguration 
of Mr. Van Buren the reaction took place. It could 
not be otherwise than terrible ; but it stunned more 



THE PRESSURE. 



459 



than it astonished— it bewildered rather than sur- 
prised. The calamity was a national one, and it was 
not unnatural that government should be looked to for 
relief. The merchants and principal business men of 
the chief commercial city of the union earnestly ap- 
pealed to the president to rescind the specie circular, 
to extend the time of payment on duty bonds, and to 
call an extra session of Congress. The requested for- 
bearance was granted without hesitation; but the 
specie circular, originally designed to check the insane 
speculation in the public lands, seemed to Mr. Van 
Buren to be particularly necessary now in order to 
protect the government against the impending failure 
of the banks ; and the exigencies of the country did 
not seem to require a special convocation of the na- 
tional legislature. 

When the decision of the president was made 
known the banks suspended specie payments, and in 
the month of May the pressure of 1837 was at its 
heit^ht. The real worth of the paper currency was 
now tested. It was found to be inconvertible into 
gold and silver, and instantly fell, by a sudden depre- 
ciation, at least ten per cent, below the nominal value. 
The prices of every ihing shared the same fortune ; 
disaster and ruin stared every one in the face; and the 
government itself was threatened with bankruptcy. 
Mr. Van Buren and his cabinet immediately decided 
upon calling Congress together, and on the 15th of 
May the executive proclamation was issued. 



^0 MARTIN VAN BUREN. 

The state bank deposit system had palpably failed, 
and the incorporation of a national bank as the fiscal 
agent of the treasury, was out of the question, since 
Mr. Van Buren and his party were pledged against it. 
In examining his position, however, he found that a 
graver principle was involved than a choice between 
two systems, one of which had been discarded on 
constitutional grounds, and the other had just demon- 
strated its incompetency. He was called upon to 
decide whether or no the connection between bank 
and state, which had been severed by the suspension, 
should be again renewed. To his mind, an entire 
separation seemed to be more consistent with the con- 
stitution, and with the doctrines of the old republican 
school ; and he determined, therefore, to recommend 
that the public treasure of the nation should be kept 
by its own officers, and that henceforward there should 
be no connection between the business and funds of 
the government and those of the banks. He foresaw 
that he should encounter opposition, not only among 
the members of the powerful party arrayed against the 
previous administration, but among his own political 
friends ; but he never doubted that " the sober second 
thought of the people," — to use his own happy ex- 
pression, — would do him justice in the end. " We can- 
not know," said he to a friend, when about preparing 
his first message recommending the divorce of bank 
and state, '* how the immediate convulsion may result, 
but the people will, at all events, eventually come right, 



OPPOSITION OF THE CONSERVATIVES. 4G1 

and posterity at least will do me justice. Be the present 
issue for good or for evil, it is for posterity that I will 
write this message." 

Some weeks previous to the assembling of Congress, 
the plan of an independent treasury was foreshadowed 
in some articles written by Silas Wright, then a sena- 
tor in Congress from New York, and a confidential 
friend of Mr. Van Buren, which were originally pub- 
lished in the St. Lawrence Republican, but generally 
copied by the democratic papers. The public, there- 
fore, were scarcely surprised, to find the subject oc- 
cupying so prominent a place in the message of the 
president, delivered at the extra session commencing 
on the 4th of September. 

A powerful opposition was offered to the independent 
treasury plan, as recommended by Mr. Van Buren. A 
bill framed in accordance with his views was intro- 
duced into the Senate by Mr. Wright, but the whig 
senators attacked it with unsparing vehemence. Mr. 
Rives, of Virginia, and Mr. Tallmadge, the other sen- 
ator from New York, also united with them in de- 
nouncing it, and earnestly advocated the continuance 
of the state banks as the depositories of the public 
money. But, on the other hand, the administration 
received the powerful support of Mr. Calhoun and his 
friends, who had hitherto acted with the opposition on 
the currency question, but now took ground in support 
of Mr. Van Buren. 

The incorporation of a national bank was a question 



462 MARTIN VAN BUREN. 

not much mooted, and the antagonist proposition to 
the independent treasury was the special deposit sys- 
tem. The chief advocates of the latter were the con- 
servatives, as Messrs. Rives and Tallmadge, and the 
members of the House who followed their lead were 
termed ; but the whigs generally voted with them, 
though they probably preferred a national bank. 

Nominally, the administration had a majority in 
both houses of Congress. In the Senate the indepen- 
dent treasury bill was sustained, but it was defeated 
in the lower house by the votes of the whigs and con- 
servatives. Congress now adjourned without having 
done anything toward allaying the excitement pre- 
vailing throughout the country, and the elections 
which took place this fall resulted adversely to the 
administration. The state bank interest, from being 
partially or positively attached to Mr. Van Buren, had 
become decidedly hostile, and continued to be so while 
he remained at the head of the nation. 

In his annual messages, in December 1837 and 
1838, at the two regular sessions of the 25th Congress, 
the president again and again recommended the inde- 
pendent treasury and the separation of bank and state, 
but no law was passed. In 1838, the elections took a 
more favorable turn ; a majority of the members of 
the 26th Congress were decided friends of Mr. Van 
Buren ; and at the first regular session a law was 
finally passed providing for the independent treasury, 
and was approved and signed by him on the 4th day 



MANAGEMENT OF THE FOREIGN RELATIONS. 463 

of July, 1840. This law was repealed in the following 
year, but was reenacted at the first session of the 29th 
Congress, and seems now to be the permanently estab- 
lished policy of the country. Experience has demon- 
strated that the fears of the state banks, in regard to 
its supposed injurious effects upon their business, were 
not well founded^ and that powerful interest would ap- 
pear to have at length acquiesced in the adoption of 
the system. 

The divorce of bank and state, with which the 
name of Mr. Van Buren will be ever identified, was 
the great measure of his administration ; and it will 
not be possible in a work of this character to do more 
than glance at its other prominent incidents. 

Among the measures which he recommended were 
a bankrupt law applicable to banks and bankers, a 
preemption law, and the cession of the public lands to 
the states. No bankrupt law was enacted during his 
administration, but the preemption system which he 
recommended was approved by Congress, and a bill 
passed in both houses. 

In the management of the foreign relations of the 
country, Mr. Van Buren displayed great prudence and 
discretion, together with proper firmness and inde- 
pendence. He obtained indemnities for spoliations 
from Mexico, Great Britain, Texas and Holland ; and, 
under his auspices, important commercial treaties were 
concluded with the Peru-Bolivian Confederation, and 
with Holland, Greece, Sardinia, Ecuador and Bel- 



464 MARTIN VAN BUREN. 

gium. In the summer of 1837, the authorities of 
Texas, in conformity to a vote taken among the 
citizens of the young republic, proposed to annex that 
country to the United States. This proposition was 
declined by Mr. Van Buren, for these reasons : be- 
cause, in his judgment, the acknowledgment of the 
independence of Texas, previously made by the United 
States, only admitted her separate existence as a 
government de facto and not de jure ; because, while 
a state of war continued between her and Mexico — 
the United States continuing at peace with the latter 
power — the question of war with Mexico would be 
necessarily involved in the annexation ; and because 
the conditionsof the existing treaty of amity and peace 
ought to be scrupulously observed, so long as Mexico 
performed her duties, and respected the rights of the 
United States. 

In 1837 a civil war broke out in Canada between 
the " patriots," so called, on the one hand, and the 
loyalists, supported by the British authorities, on the 
other. The preservation of strict neutrality was a 
matter attended with great difficulty, especially for the 
reason that there were many of our people who heartily 
sympathized with the cause of the " patriots," and on 
account of a pending dispute between Great Britain 
and the United States with reference to the north- 
eastern boundary of the state of IMaine, which had 
very much inflamed the minds of the inhabitants in 
that quarter. The course pursued by Mr. Van Buren 



RE-NOMINATION AND DEFEAT. 465 

was in harmony with the tone of executive action 
throughout his administration. He was firm and de- 
cided in maintaining tlie lavvs, even though, by so do- 
ing, he ahenated from him the sympathizers upon the 
frontier, and thus lost the support and the vote of his 
own state. But at the same time he was equally firm 
in defending the national honor and dignity, and amid- 
the multiplied embarrassments that seemed to thicken 
around him at every step, he bore himself as became 
the chief magistrate of a free people. 

In May, 1840, Mr. Van Buren was unanimously 
nominated for reelection at a national democratic con- 
vention held in the city of Baltimore. The candidate 
of the opposition was William Henry Harrison of Ohio. 
The canvass was spirited beyond parallel, and Mr. Van 
Buren was warmly, and in many respects most un- 
justly, assailed. The result of the election was hardly 
a matter of doubt. What with the defection of the 
conservatives, the opposition of the friends of the Ca- 
nadian patriots and the state bank interest, and the 
positive ill-will of the abolitionists, who were dissatis- 
fied with the pledges given at the time of his inaugu- 
ration and while he was a candidate, the party of which 
he was the head was considerably re<iuced in numbers. 
The accession of the State Rights men headed by Mr. 
Calhoun did not make up for what had been lost. Be- 
sides, the opposition party had a great advantage. 
They were composed of the most uncongenial elements, 
but the very diversity of sentiment only made them 
20* 



30 



466 MARTIN VAN BUREN. 

Stronger when they were out of ofRce. They were 
contending for the spoils of victory, and their aims and 
interests did not clash till these came to be divided. 

The various combinations arrayed in opposition to 
Mr. Van Buren were successful in procuring his de- 
feat and the election of General Harrison. The former 
received the votes of New Hampshire, Virginia, South 
Carolina, Alabama, Illinois, Missouri, and Arkansas, 
making sixty in all, while two hundred and thirty-four 
were given to his opponent. 

Shortly after the inauguration of his successor, Mr. 
Van Buren returned to his native state, and was wel- 
comed on his arrival at the city of New York in the 
midst of a severe storm of wind and rain, by a large 
concourse of his democratic friends who had faithfully 
adhered to him in prosperity and were the last to de- 
sert him at such an hour. His reception was more 
than cordial ; it was deeply affectionate, and made a 
profound impression upon his mind. 

Having purchased the mansion and estate belonging 
to the late Judge Van Ness, about two miles south of 
the village of Kinderhook, to which he has given the 
name of Lihdenwald in allusion to the noble linden 
trees amid which the dwelling is imbosomed, Mr. Van 
Buren retired hither to spend the remainder of his days 
among his family connections and friends. It was his 
intention that this retirement should be final, and he 
was only prevented from announcing his determination 
to that effect by the urgent entreaties of his intimate 



HIS VIEWS ON THE ANNEXATION OF TEXAS. 467 

political friends. They conceived that he had been 
unfairly defeated in 1840, and were desirous that he 
should be the standard-bearer of his party through 
another campaign. To these pressing solicitations 
he so far yielded as to permit the use of his name in 
connection with the candidatecy. Early in 1843 six- 
teen states besides New York had declared in his favor 
as the presidential candidate in 1844, and the demo- 
crats of his own state then united most heartily in 
what seemed to be so general an expression. 

But a new issue was now presented. Under the 
administration of Mr. Tyler a treaty had been con- 
cluded providing for the annexation of Texas. Pend- 
ing the agitation and discussion of this question the 
opinions of the two prominent candidates for the next 
presidency, Mr .Van Buren and Mr. Clay, were elicited 
in reply to letters addressed to them. Both expressed 
themselves in favor of the acquisition of Texas, if the 
American people desired it, provided, however, that 
the consent of Mexico should first be obtained, or, at 
least, that efforts should be made to procure it. One 
of the principal reasons urged by Mr. Tyler and his 
friends for the annexation, was the security of the slave- 
holding interest of the south against the designs of 
British abolitionists who were understood to be seeking 
to gain a foothold in Texas. Neither Mr. Van Buren 
nor Mr. Clay objected to the annexation on account 
of the slavery question thus connected with it. 

The views of Mr. Clay were satisfactory to a ma- 



:! 



468 MARTIN VAN BUREN. 

jority of his party friends, and he was put in nomina- 
tion ; but the democratic members of Congress were 
generally in favor of the immediate annexation of 
Texas, and through their influence the national demo- 
cratic convention, which met at Baltimore in May, 
1844, decided adversely to Mr. Van Buren. A vote 
of two thirds was required to make a nomination. Mr. 
Van Buren received a large plurality of the votes on 
several ballotings, but his friends were finally induced, 
under the persuasion that he could not be nomina- 
ted, to surrender their preferences and to support Mr. 
Polk, who was duly declared to be the candidate of 
the convention. 

Although the convention concluded to take up a 
new candidate, Mr. Van Buren was by no means for- 
gotten. "No one who was present on that occasion is 
likely ever to forget the torrent of enthusiasm by 
which every individual was hurried away, on the first 
mention of his name after the completion of the nomi- 
nation, when the whole body rose, amidst the waving 
of handkerchiefs, and cheers whose uproar seemed 
destined never to subside."* Among the resolutions, 
too, was one declaring " that this convention hold in 
the highest estimation and regard their illustrious fellow- 
citizen, Martin Van Buren, of New York ; that we 
cherish the most grateful and abiding sense of the abil- 
ity, integrity and firmness, with which he discharged 
the duties of the high office of President of the United 

* Democratic Review, July, 1844. 



DECLINES ENGLISH MISSION. 469 

States ; and especially of the inflexible fidelity with 
which he maintained the true doctrines of the consti- 
tution and the measures of the democratic party, du- 
ring his trying and nobly arduous administration; that 
in the memorable struggle of 1840 he fell a martyr to 
the great principles of which he was the worthy rep- 
resentative, and we revere him as such ; and that we 
hereby tender to him, in his honorable retirement, the 
assurance of the deeply seated confidence, affection 
and respect of the American Democracy." 

The friends of Mr. Van Buren in the state of New 
York were undeniably much chagrined at the result in 
the Baltimore Convention. Not so with him. Possess- 
ing a rare equanimity, that mere political disappoint- 
ments could never disturb, he cordially acquiesced in 
the decision of the convention. He not only support- 
ed the nominations himself, but through his influence 
many who had freely expressed their dissatisfaction, 
were ultimately induced to sustain the democratic 
candidates. Having contributed by his vote to the 
election of Mr. Polk, he was friendly to his adminis- 
tration ; and the former signified his regard for his 
distinguished predecessor by tendering to him the 
mission to England — the settlement of the Oregon 
question being particularly in view — but he declined 
to accept it. In regard to the war with Mexico, Mr. 
Van Buren regarded it as the direct consequence of 
the annexation of Texas, but after hostilities had once 
commenced, he favored its vigorous prosecution. 



470 MARTIN VAN BUREN. 

Meanwhile the democratic party in the state of New 
York, which Mr. Van Buren had left strong and 
united, had separated into two factions, known as 
conservatives or hunkers, and radicals or barnburners. 
Originally they had divided upon questions of state 
policy which were disposed of by the amended con- 
stitution of 1846, though among the conservatives 
there were many who had opposed the independent 
treasury or only supported it as a party measure. 
Mr. Van Buren's sympathies and prepossessions were 
probably with the radicals, or barnburners, from the 
first, but he kept entirely aloof from state politics, and 
was not positively identified with either till the sum- 
mer of 1848. A new issue was then presented, upon 
which the two factions took sides. By the treaty of 
Guadalupe, which terminated the war with Mexico, 
a large tract of territory was added to the United 
States. In view of this acquisition efforts had been 
made in Congress, at every session since that at which 
the existence of the war was declared, in 1845-G, to 
procure the absolute prohibition of domestic slavery 
in the territory thus acquired. The barnburners of 
New York generally favored this movement, and Mr. 
Van Buren, as he had approved of the resolutions of 
the New York Legislature in 1820, involving the same 
principle, also approved it. They have subsequently 
taken ground to a considerable extent in favor of the 
abolition of slavery in the District of Columbia. The 
sentiments of Mr. Van Buren in regard to this extreme 



THE FREE-SOIL CANDIDATE. 471 

position have never been made known. In all his 
public action he has steadily adhered to the doctrine 
of non-interference entertained by most northern 
democratic politicians ; and if he has departed from 
it, the reason may possibly be found in the position 
assumed at the time of the conclusion of the Tyler 
treaty and afterward, that the annexation was neces- 
sary for the security of the slave interest, thus making 
that institution the object of national protection, in- 
stead of considering it as being strictly the subject of 
stale regulation. 

The hunker and barnburner factions each styled 
themselves the democratic party of the state, and each 
selected a full set of delegates to represent them in the 
National Convention held at Baltimore, in May, 1848. 
The convention refused to decide between them, but 
resolved to admit both delegations. The barnburners 
then withdrew in a body, and returned home. On 
the 22d of June following a convention of that faction 
was held at Utica, over which the veteran Samuel 
Young presided, to hear the report of their delegates. 
This body decided that they were not bound by the 
decisions or nominations of the Baltimore Convention, 
and insisted that their delegates were excluded by 
reason of their course in regard to the prohibition of 
slavery in the territory acquired from Mexico. Simi- 
lar sentiments were expressed in a letter addressed by 
Mr. Van Buren to the delegation from the city of 
New York, and he was nominated by acclamation, 



472 MARTIN VAN BUREN. 

against his declared wishes, as an independent demo- 
cratic candidate. 

Both the two great parties at the north were dis- 
satisfied with their candidates. General Cass, the 
nominee of the democratic party, held to the doctrine 
of non-interference ; and General Taylor, the whig 
candidate, was perfectly non-committal. Under these 
circumstances many of the prominent friends of the 
slavery prohibition in the northern states procured the 
assemblinsc of a convention at Buffalo, on the 9th of 
August, which was numerously attended by delegates 
representing all the free states. This body was com- 
posed of whigs, democrats, and abolitionists, and they 
termed themselves, with reference to the subject which 
had led to their political union, " free-soilers." At 
this convention Mr. Van Buren was again nominated 
for the presidency, and Charles F. Adams, of Massa- 
chusetts, a son of the late John Quincy Adams, was 
nominated for vice-president. 

Mr. Van Buren neither declined the nomination of 
the free-soilers, nor did he signify his acceptance, and 
thus approve of all the resolutions adopted by them 
in convention. In a political point of view the barn- 
burner friends of Mr. Van Buren committed a great 
mistake in going into convention at Buffalo. If the 
object was to build up a northern party, it was both 
reprehensible and impossible ; and on the other hand, 
if the movement was designed to be but temporary, 
and the barnburners looked forward to a reunion with 



PRESIDENTIAL ELECTION. 



Ws 



the hunkers, it was certainly ill-advised, as subsequent 
events have shown. The true position of Mr. Van 
Buren's friends was, to support him as an independent 
democratic candidate, for the radical faction was no 
doubt much the larger and more powerful of the two, 
in the spring and summer of 1848; but in the city 
of New York, and the river counties, thousands of 
radicals were driven to the support of the Baltimore 
nominations, because of their hatred of a coalition 
with the whigs and abolitionists. Mr. Van Buren 
received but few votes, comparatively, from any other 
party or faction except the barnburners. In the state 
of New York he more than divided the old democratic 
vote with General Cass, his majority over the Balti- 
more nominee being about six thousand. About two 
hundred and ninety thousand votes were cast for Mr. 
Van Buren and Mr. Adams in the Union at large — 
mostly in New York, Ohio, and Massachusetts — but 
they did not receive a single electoral vote. 

The election in its progress never disquieted Mr. 
Van Buren, and its result occasioned neither disap- 
pointment nor chagrin. He appears throughout to 
have been the passive instrument in the hands of his 
old and devoted friends, whose wishes he could not 
disregard, and probably felt himself compelled by the 
force of circumstances to acquiesce in the course they 
saw fit to adopt. 

Since the presidential election in 1848, Mr. Van 
Buren has continued as before, in dignified retirement 



474 MARTIN VAN BUREN. 

at Lindenwald ; occasionally venturing forth to visit 
his sons in New York or Albany, or the attached 
friends whose esteem has ripened into devotion ; but 
enjoying far more the rural pursuits and occupations 
that enliven the happy quiet of his peaceful and 
beautiful home. Here, reclining upon the abundant 
harvest of honors which he has gathered, and sur- 
rounded by ease and contentment, by books, by the 
relatives and friends whose society he prizes, by every- 
thing that wealth or taste can summon to minister to 
his felicity, his days glide smoothly and majestically 
on, like the full-orbed sun to his setting. 

In person, Mr. Van Buren is about the medium 
height. His form is erect, and until he had passed 
middle life was slender ; but it is now inclined to cor- 
pulency. His hair was originally of a light sandy 
color, but the frosts of advancing age have settled 
upon it. Yet, while his locks are whitened, the fire of 
his expressive eye remains undimmed. His features 
are full' of animation ; the kindly smile, that has so 
often charmed admiring juries and listening senates, 
still lingers upon his countenance, and his broad ex- 
pansive forehead is still the home of high thought and 
intelligence. 

His character and his life are simple. Temperate 
and industrious in his habits, he enjoys excellent 
bodily health. When at home, his time is pleasantly 
varied between reading and writing, overseeing the 
labor on his farm or in his garden, and visiting his 



APPEARANCE AND CHARACTER. 475 

nearest neighbors. He is fond of riding, too, and un- 
less report belies him, an ardent admirer of the gentle 
craft which Izaak Walton loved so well. In all the 
social relations his duty has been, if that were possible, 
even more than fulfilled. His private life is without 
spot. As son, as husband, as father, and as friend, his 
character furnishes a good example. Kindness and 
benevolence are traits which he has often exhibited. 
The constancy of his attachments, and his fidelity to 
his friends, have become proverbial. 

His manners are attractive, calm, polished and gen- 
tlemanlike. There is a winning charm about them 
which it is difficult to resist. His equanimity and his 
regard for decorum, also, are qualities which in others 
have been rarely excelled. 

Like his manners, his oratory is graceful and per- 
suasive. His voice has a deep and melodious cadence 
that falls charmingly upon the ear. Never at a loss 
for words or ideas, his elocution is easy and rapid. 
He is not passionless, but having entire command of 
his passions, he is a complete master of the art of per- 
suasion. He never attempts any rhetorical flights, to 
fall back below mediocrity, but his eloquence is even 
and sustained. In conversation he is particularly in- 
teresting, and his voice and features vary with his 
themes — "' from grave to gay, from lively to serene." 

As a writer, his style is not always pure or correct, 
but it is bold and vigorous ; sometimes diflfuse, but 
generally compact. In his reported speeches the sen- 



476 Martin van buren. 

tences often appear involved, or to have been loosely 
constructed, but his messages and state papers will 
compare favorably with those of the distinguished men 
who have occupied the same high position. 

A mind and judgment express and well balanced, 
great prescience, quickness of perception, firmness, 
caution, discretion, happy powers of combination and 
reflection, are his prominent intellectual traits. He 
possesses sensibility, but he is not imaginative ; on the 
contrary, a sort of practical spirit seems to pervade 
all the operations of his mind. 

His character as a politician has been the theme 
alike of praise and obloquy, of censure and approba- 
tion. He has had warm and zealous friends, and 
many and bitter enemies ; and each, in turn, have ex- 
tolled and traduced him. While the one have claimed 
for him all the higher attributes of the statesman, the 
other have been disposed only to concede that he was 
well skilled in 

" ITie wily shifts of state, — those juggler's tricks — 
Which we call deep designs and politics." 

Like Lord John Russell he has evinced remarkable 
tact in leading and managing a party ; but something 
more than this he has also shown. None can deny 
that he has borne himself bravely in " the battle of 
life." His public career is highly honorable to him. 
Few politicians have committed fewer mistakes. 
Starting from a humble position, with but humble 



MENTAL TRAITS. 477 

pretensions, he raised himself step by step to the high- 
est grade of official preferment. Surely, the arts of 
the demagogue could not so long have sustained him. 
To the high qualities of his mind, he has added a care- 
ful observation of men and things. He has studied 
character as diligently as Talleyrand. He has read 
and pondered over that book of the statesman — the 
human heart. Though without the genius or the 
splendid declamation of Pitt, he has manifested the 
same practical skill and sagacity. But, more than all, 
he has possessed that " mens cequa in arduis," which 
is so essential to the success of the political aspirant. 



ENOS T. THROOR 

While the whigs of the Revolution were evincing, 
perhaps, even more than a commendable zeal, in affix- 
ing the stigma of Toryism to those who adhered to the 
royal cause, and in confiscating their fortunes, the 
loyalists in the provinces that remained firm in their 
attachment to the crown were not backward in ex- 
hibiting the same spirit toward their whig neighbors. 
Opportunities for the manifestation of their bitter ha- 
tred of the rebels were not numerous ; but when an 
occasion presented, they were pretty sure to bring up 
the score by adding what was necessary in the way of 
interest. 

Among those who suffered in this manner, were the 
grand-parents of the subject of this memoir. Origin- 
ally inhabitants of Lebanon, in the then colony of Con- 
necticut, they removed to Nova Scotia, when their son, 
George Bliss Throop, the father of the governor, was 
but a mere lad. Their new home was designed to be 
their permanent place of abode, but they had scarcely 
settled themselves in it, when the tocsin of war sound- 
ing through the land disturbed their sweet dreams of 
peace and tranquillity, and the bale-fires of the Revo- 




J'.hjitlh (,(\i nil Til \ii\ ]( /■/,■ . 

Lilii' I- ,\lhliJui ill Mi.^.anM 



HIS PARENTS, 479 

lution, gleaming on their native hills, signalled them 
back to the scenes and the friends they had left. Be- 
ing whigs they were driven out of the country by the 
tories, and only escaped from their pursuers by con- 
cealing themselves and their children in the woods. 
After suffering much from fear and fatigue, and under- 
going many hardships and privations, they at length 
reached the United States in safety. 

Their son George, who was born in Lebanon, re- 
ceived a collegiate education ; and after the termina- 
tion of hostilities, in 1783, being then about twenty- 
three years of age, he married Abiah Thompson, the 
daughter and youngest child of Enos Thompson. She 
was a native of Dutchess county, in the state of New 
York, where she was married. Her father was one 
of three brothers who removed from New Haven at 
an early period, and settled the tract of wild land near 
the east line of Dutchess county, called from the pa- 
tent " The Nine Partners." Smith Thompson, late one 
of the Justices of the Supreme Court of the United 
States, on the father's side, and the late Jacob Suther- 
land of the old Supreme Court of New York, on the 
mother's side, were the descendants of one of the other 
brothers. Mrs. Throop had two brothers, Israel and 
Jesse Thompson, both of whom repeatedly represented 
their respective counties (Dutchess and Rensselaer) 
in the legislature, and both held the office of county 
judge. 

Immediately after his marriage, Mr. Throop re- 



480 EN03 T. THROOP. 

moved to Johnstown in the county of Montgomery, 
where he purchased, at the sale of the confiscated 
estates of the Johnson family, the village lot now in 
part occupied by Judge Cady of the Supreme Court, 
upon which he erected a dwelling-house. Although 
he had received a liberal education he had not studied 
a profession, and his first employment after his re- 
moval to Johnstown was in the service of Judge 
Duane, at Duanesburgh, whom he assisted in prepar- 
ing and arranging the contracts, deeds and leases, 
given to the tenants on his large estate. On return- 
ing to Johnstown he opened a school, which occupa- 
tion he continued to pursue, together with conveyan- 
cing, in which he was very skilful, for several years. 
He soon grew into favor with the people of the town 
and vicinity, and having acquired their confidence 
by his character and aptitude for business, he re- 
ceived several small offices, from the profits of which 
he was enabled further to add to his means of liveli- 
hood. 

In the midst of his usefulness he met with a serious 
accident that completely destroyed his health, and after 
a long and painful sickness from which the skill of the 
most eminent physicians in the city of Albany could 
not restore him, he finally died in the year 1794, leav- 
ing to his wife and children no other inheritance but 
the dwelling and lot on which they resided, all his 
other means having been exhausted during his pro- 
tracted illness. 



HIS FAMILY. 481 

He was the father of four children, two sons and two 
daughters, all of whom survived him. Eno.s Thomp- 
son Throop, the subject of this memoir, was the oldest 
child ; he was born at Johnstown on the 21st day of 
August, 1784, and was named after his maternal grand- 
father. His brother, George B. Throop, like himself, 
studied law, and was one of the earliest settlers of the 
county of Cayuga ; he held several offices of promi- 
nence and trust ; was clerk of the county, a member 
of the state senate for four years, postmaster at Au- 
burn, clerk of the court of chancery for the seventh 
district, and cashier of the Cayuga County Bank; and 
he is now a resident of the city of Detroit. The eldest 
sister of Governor Throop, Mehitable, married Thad- 
deus Martin of Johnstown ; she was early left a widow, 
and her children, particularly her sons Henry H. and 
Enos T. Throop Martin, both lawyers of respectable 
standing in this state, found in their uncle a friend and 
benefactor who supplied the place of the parent they 
had lost. The younger sister, Mary Ann, was twice 
married ; first to David Akin, a son of the then pro- 
prietor of Johnson Hall, the old baronial residence of 
Sir William Johnson and his son, who afterward re- 
moved to Throopsville, in the county of Cayuga, where 
he died ; her second husband was Samuel Lacey, then 
of Monroe county, but now living at Homer in the 
state of Michigan. 

The mother of Mr. Throop, also, was married a sec- 
ond time, to George W. Hatch, of Johnstown. By 

21 



31 



482 ENOS T. THROOr. 

this marriage she had two sons and two daughters. 
The eldest son, who was named after his father, is one 
of the partners in the well-known firm of Rawdon, 
Wright and Hatch, bank-note engravers ; the younger, 
Israel T. Hatch, is a prominent citizen of Buffalo. One 
of the sisters married Zebulon Reeves, of Palmyra. 
The other became the wife of Gershom Powers, who 
represented the Cayuga district in the 21st Congress; 
after his death she married William B. Rochester, long 
a distinguished politician in the state of New York, 
and the Bucktail candidate for Governor in 1826, in 
opposition to De Witt Clinton; Judge Rochester was 
one of the unfortunate passengers on board the ill-fated 
steamer Pulaski, and was drowned in attempting to 
escape from the conflagration that destroyed her ; his 
widow has since married a Mr. Fitch, a merchant at 
Bufl^lilo. 

After the death of her second husband, the mother 
of the governor remained a widow for twenty years, 
and died of apoplexy, in 1846, in the eighty-fourth year 
of her age. She was a woman of estimable character, 
of strong good sense and of vigorous mind ; and she 
was warmly loved and venerated by her numerous 
•descendants. 

By her marriage with Mr. Hatch, the pecuniary 
circumstances of Mrs. Throop and her family were not 
materially improved ; but a good home, and the pro- 
tecting care of a husband and father, were thereby se- 
cured. Her son Enos seems to have been early im- 



EDUCATION. 483 

pressed with the importance of "getting on" in the 
world. Though possessing but few advantages, this 
very circumstance, which often discourages, rather 
than inspires, both sharpened his zeal and stimulated 
his ambition. He inherited from his father industry 
and perseverance, and from his mother sterling sense 
and determined energy, — qualities that often serve 
their possessor better than genius or talent. The same 
thoughtful and studious habits, the caution and pru- 
dence, that characterized his manhood, distinguished 
him in youth. Being fond of reading and study, quick 
of apprehension, attentive and ambitious, he profited 
considerably by the instructions of his father ; and after 
the death of the latter, he attended the schools in his 
native village. 

It was the wish and intention of his father to fit him 
for a profession, and it afterward became the darling 
ambition of his mother's heart. She had not the 
means, however, of giving him a suitable education; 
but, in the midst of her regrets at her inability to ac- 
complish an object so dear, she was kindly favored by 
her own good fortune. Among her intimate friends 
was the daughter of Silas Talbot, a naval officer in the 
Revolutionary war, and the purchaser of Johnson Hall 
at the sale of the property under the act of confisca- 
tion ; but who removed to the city of New York, after 
several years' residence at Johnstown, to superintend 
the construction of the frigate Constitution, to the 
command of which he had been appointed. Miss Tal- 



484 ENOS T. THROOP. 

bot had married George Metcalfe, a practicing lawyer 
at Johnstown, of considerable distinction, who con- 
tinued to reside there after the removal of her father 
to New York. Mr. Metcalfe was an Englishman by- 
birth, but he had studied law in the United States. He 
was a man of fine attainments, having received an ex- 
cellent classical education in his own country, and du- 
ring the controversy with reference to the federal 
constitution, he engaged with much spirit in the dis- 
cussion of the question, as an advocate of the adop- 
tion. By this means he been me widely known, and, 
under the administration of C-'overnor Jay, was ap- 
pointed by his federal friends in the council, to the 
office of district attorney for the ci>unties of Montgom- 
ery, Albany, Saratoga and Schohaiie. This appoint- 
ment enabled him to gratify a desire he had long cher- 
ished, to establish himself where his talents and ac- 
quirements would be more highly appreciated, and 
where he could command more patronage ; and in 
September, 1798, he removed to the city of Albany. 
Through his wife he learned the wishes of Mrs. Hatch 
in regard to her son Enos, and that they were warmly 
seconded by the lad himself About the time of his 
removal from Johnstown, therefore, he proposed to 
take him into his family, in order that he might com- 
mence the study of the law. 

This proposition was gladly accepted by both mother 
and son. The latter accompanied the family of Mr. 
Metcalfe to Albany, as one of its members, and on the 



STUDIES LAW. 485 

17th of October, 1798, commenced his clerkship as a 
student at law. As no time was allowed him for clas- 
sical studies pursued after he was fourteen years of age, 
his term of study, under the old rules of the Supreme 
Court, was seven years. He soon became familiar 
with the routine of business in the office of his friend 
and benefactor, and repaid his generosity and kindness, 
by industry and punctuality, and by fidelity and devo- 
tion to his interests. He relieved his patron from the 
most laborious part of his duties, and often accom- 
panied him on his circuit to render such assistance as 
he might require. Not unfrequently, also, when Mr. 
Metcalfe was unable to attend court in foreign coun- 
ties, on account of sickness or the pressure of his 
other engagements, his papers were intrusted to his 
young pupil and friend, with instructions to attend the 
grand jury, to issue processes and prepare indictments 
for trial, and with a letter to some counsellor of his ac- 
quaintance requesting him to attend to the necessary 
business in open court. The knowledge and experi- 
ence thus acquired by young Throop in regard to 
criminal prosecutions, served him in great stead, as we 
shall see, at a subsequent period of his life. 

Mr. Metcalfe was not merely a well-read lawyer ; 
he possessed more than ordinary ability, was a thor- 
ough scholar, and had a fine and correct literary taste. 
His pupil sympathized with him in his fondness for 
study, and a familiarity and intimacy, quite unusual 
considering the disparity of years, sprung up between 



486 ENOS T. THROOP. 

them. Shortly after young Throop commenced his 
clerkship, Mr. Metcalfe proposed to instruct him in 
the classics. The offer was engerly embraced ; he be- 
gan the study of the Latin language, and had the ben- 
efit of his patron's advice and instruction while he re- 
mained in his office and family. 

The period of Mr. Throop's residence in Albany, 
while a student at law, was marked by high political 
excitement. It was that of the memorable struggle 
between federalism and republicanism, which resulted 
in the overthrow of the former in the state and na- 
tion.* The sessions of the legislature, and of the state 
courts, were then held at Albany, and, consequently, 
it was the resort of all the distinguished lawyers and 
politicians in the state. The position of Mr. Throop 
with an eminent lawyer, who held an important office, 
afforded him rare opportunities for improvement. 
His patron was an ardent and active politician, and 
associating with him., as he did, on terms of the most 

* Just at the close of the election in 1801, Mr. Throop had occasion 
to visit Kindeihook on business, and he here met, for the first thne, 
■with Mr. Van Buren. The latter, also, was sustaining himself while 
a student by his own exertions, but he was Mr. Throop's senior by 
two years, and already distinguished in the politics of the county 
•where he resided. The result of the election was not then known, 
and they spent a busy day together at the places of public resoit in 
the town. They never met again till they reci^nized each other at 
the bar of the Supreme Court, when their youthful acquaintance was 
renewed, and afterward ripened into a friendship that has ever sines 
remained uninterrupted. 



BAR AT THE REVOLUTIONARY ERA. 487 

confidential friendship, his own attention was early 
awakened to the doctrines, the disciphne and move- 
ments, of political parties ; and the interest thus en- 
kindled long exerted a powerful influence upon his 
life. 

This was, also, the golden age of the New York 
bar, or, rather, it had just fairly dawned in the courts 
adorned by the learning and genius of the revolution- I 

ary era. Mr. Throop both saw and heard the intel- 
lectual giants of that day, and listened, oftentimes with 
more of wonder and delight, than with a due appreci- 
ation of their reasoning, to those brilliant displays of 
forensic eloquence by Haniilton and Burr, by Gouv- 
erneur Morris and Brockholst Livingston, which were 
preserved only in the memories of their hearers, but 
have been handed down, among the most honored 
traditions, to those who came after them. 

In 1800, the republicans regained the ascendency 
in the state, and as Mr. Metcalfe was soon after 
removed from office, Mr. Throop determined not to 
tax his kindness or generosity further ; but, in the 
spring of 1801 he returned to his native town, and 
passed the following year in the office of Daniel Cady, 
then commencing his long and prosperous career, and 
now, with the laurels oi' his professional contests, the 
rich harvest of half a century, clustering thick around 
his brows, ornamenting the Supreme Court of the state 
by his high character and talents. 

After leaving the office of Mr. Cady, several months 



ENDS T. THROOP. 



were spent by Mr. Throop in studying the classics, 
under the supervision of the Rev. Mr. Urquhart, a 
graduate of the Edinburgh University, and then prin- 
cipal of the Academy at Johnstown, During this time 
he supported himself by writing and performing other 
services in the office of the county clerk of Mont- 
gomery. He had now established a high character 
as an attorney's clerk, and wherever he was known, 
his services were deemed worthy of an ample remu- 
neration. A flattering offer was soon made him, by 
Matthias B. Hildreth, of Johnstown, who stood, beside 
Mr. Cady, his political and professional rival, at the 
head of the Montgomery county bar, and who after- 
ward held the office of attorney-general of the state, 
at two several times, and died while occupying that 
honorable position. 

The remaining time of Mr. Throop's clerkship was 
passed in the office and family of Mr. Hildreth, who, 
in addition to his board, made him a sufficient allow- 
ance for his other expenses. Mr. Hildreth was not 
what might be called a profound lawyer ; he was not 
a hard student, like Mr. Cady, — but he was a fluent 
speaker, ingenious and insinuating in argument, an 
accurate practitioner, and a cautious and safe coun- 
sellor. He was, also, of amiable disposition and win- 
ning manners, and thoroughly versed in the knowledge 
of human nature. He lived with generous hospitality, 
and under his roof Mr. Throop formed the acquaint- 
ance of many of the most distinguished republicans 



ADMISSION TO THE BAR. 489 

in the state, among whom was Ambrose Spencer, at 
that time one of the leaders of the party. 

Mr. Throop's clerkship expired in the fall of 1805, 
in time to take his examination at the November term 
of the Supreme Court ; but Mr. Hildreth made him 
so liberal an offer to continue in his office for a few 
months, that he consented to defer his application till 
the ensuing January term, in 1806, when he was duly 
admitted as an attorney in the Supreme Court. A 
short time previous to his admission he visited the 
county of Cayuga, in pursuance of the recommenda- 
tion and advice of the father of Mr. Hildreth, who, 
with Edward Savage and James Burt, had been 
appointed commissioners to fix a site for the county 
seat of that county. He formed few acquaintances 
during his visit, but determined to locate in the 
county ; and the court of common pleas being then 
in session, he presented his certificates, and was ad- 
mitted as an attorney of that court. He then returned 
to Johnstown, and went to Albany to take his exam- 
ination for admission in the Supreme Court. 

With the loan of two hundred dollars made to him 
on his own note by his kind friend and legal preceptor, 
Mr. Hildreth, and with no fortune except the profes- 
sion which he had obtained mainly through his indi- 
vidual exertions, he again started for Cayuga county, 
and arrived there on the first day of March, 1806. 
The county seat was still an unsettled question, al- 
though the commissioners had decided on Auburn, 

21* 
\ 



ENOS T. THROOP. 

and the elder Mr. Hildreth had advised him to estab- 
lish himself there. But a powerful opposition was 
offered to the selection of Auburn, in the south part 
of the county, particularly in Aurora ; and it was 
impossible for a stranger, as was Mr. Throop, to deter- 
mine what would be the final decision in the matter. 
On his return, therefore, with a view of placing him- 
self in a situation to act as circumstances might 
require, he accepted an invitation from Dr. Barnabas 
Smith, who lived at Poplar Ridge, now Smith's 
Corners, to board with his family and use his office. 
He remained there till the fall ensuing, when, having 
formed his opinion in regard to the result of the court- 
house controversy, he removed to Auburn, which finally 
became the county seat, and permanently located him- 
self there. 

He received several offers of partnership, but ac- 
cepted none till the winter of 1807, when he connect- 
ed himself in business with Joseph L. Richardson, who 
was afterward, for many years, the first judge of the 
county. This connection continued till the winter 
of 1811, when it was dissolved in consequence of the 
appointment of Mr. Throop to the office of county 
clerk of the county. 

Mr. Throop brought to the bar, not merely native 
talent far above mediocrity, but other qualities equally 
useful and important. He had formed habits of 
methodical study, of industry and application ; he was 
cautious and discreet, careful in the formation of his 



POLITICAL COURSE. 491 

opinions, but generally correct. In the preparation 
of causes for trial or argument, he was thorough, and 
in addressing a court or jury, clear and concise. As 
a speaker he was earnest and sincere rather than 
fluent, and interesting rather than eloquent. Had he 
remained at the bar, and devoted his whole time and 
energies to his profession, there can be no doubt that he 
would have taken and maintained a high station among 
the ablest lawyers in the state. His success, however, 
was fully equal to his expectations, and he had no 
cause to repine on account of the paucity of clients, 
nor to complain that his merits were not appreciated 
as they deserved, or his services properly rewarded. 

Having taken up his residence in Auburn, he entered 
with spirit into the court-house controversy ; and the 
following incident is still related by the older members 
of the Cayuga bar as illustrative of his participation 
in it, and of the warmth with which it was waged : — In 
order to strengthen the position at Auburn, he and his 
friends procured the passage of a law directing a fire- 
proof clerk's oflice to be built at that place. But a 
majority of the board of supervisors of the county 
were opposed to the fixation of the county seat which 
had been made, and they refused to raise the money 
required to build the ofillce. A law was then enacted 
imposing a penalty of two hundred and fifty dollars 
upon a public officer who refused to vote for raising 
any money which he was directed by law to raise. 
The board of supervisors again met, and again refused; 



492 ENOS T. THROOP. 

whereupon, Mr. Throop and his partner were employ- 
ed to institute qui tarn suits for the penalty, against 
six of the supervisors. The causes were brought on 
for trial at the circuit in 1809, before Judge William 
W. Van Ness. With all his many estimable qualities, 
the Judge could not forget that he was a politician, 
even when seated on the bench. These were em- 
bargo times — party spirit ran high — the county was 
strongly republican — an important state election was 
approaching — the six supervisors were supposed to 
represent the majority of the county — and Mr. Throop 
was as decided a republican as the Judge was a 
federalist. Arrayed on the side of the defendants, in 
opposition to Mr. Throop and his partner, were twelve 
counsel, all more or less eminent, among whom were 
Elisha Williams, Daniel Cady, Nathaniel W. Howell, 
and Walter Wood. When the first cause was called, 
a number of technical objections in regard to mere 
matters of form in the declaration, were raised by the 
defendant's counsel, but overruled by the presiding 
judge. At last they fixed upon a formal objection 
on which their great reliance was placed, and though 
Mr. Throop was permitted to argue the question at 
length, it was decided against him. In giving his 
decision, the Judge stated, that if the count had been 
in a particular form, which he specified, it would have 
been sufficient. Mr. Throop had anticipated the de- 
cision, and as his declaration was quite voluminous, he 
had already fixed upon a count which corresponded 



Ills POLITICAL POSITION. 493 

exactly with what the Judge had said. He promptly 
called the attention of the court to it ; the Judge look- 
ed at it for a moment, threw down the paper angrily, 
and directed him to go on with the cause. Mr. 
Williams instantly sprung to his feet, declaring that 
he could not find such a count. " It is there, sir!" was 
the curt reply of the Judge, and the cause went on. 
A legal question was afterward raised, upon which the 
plaintifTs were nonsuited : but the nonsuit was set 
aside at the next term of the Supreme Court, by the 
unanimous opinion of the judges, and in the end Mr. 
Throop was completely successful. 

There can be no doubt that the early predilections 
of Mr. Throop were in favor of the federal party, to 
which his patron and benefactor, Mr. Metcalfe, be- 
longed ; but as he approached his majority, he was led, 
by that careful conscientiousness which ever charac- 
terized him, to consider well his position, and he then 
embraced those republican notions and principles to 
which, as his friends claim, he has ever faithfully 
adhered. He had no active participation in politics 
till he was admitted to the practice of his profession ; 
but after his removal to the county of Cayuga, he 
soon acquired a high and wide-spread reputation as 
a political leader. He approved the embargo and 
non-intercourse policy of Jefferson and Madison, and, 
in 1808, advocated the election of the latter to the 
presidency. In 1807, he took an efficient part in the 
elevation of Daniel D. Tompkins to the gubernatorial 



494 - ENOS T. TIIROOP. 

chair; he was particularly instrumental at that time 
in preventing the return of the federal members who 
had long represented the county in the state legislature, 
and in securing a majority of between five and six 
hundred for the republican state ticket, when the 
federalists had claimed the county by at least one 
thousand majority. 

In 1810, he supported Governor Tompkins when a 
candidate for reelection, and in the following winter 
he was appointed to the office of county clerk of 
Cayuga. He hesitated considerably upon consenting 
to become a candidate before the council, although the 
leading republicans in the county were unanimous in 
his favor; but he ultimately decided to accept the 
office, for several reasons. His health was very poor; 
politics had already interfered a great deal with his 
professional business; the practice of the law was not 
displeasing to him, but there were circumstances con- 
nected with it very painful to his feelings ;^ and he had 
at this time concluded to purchase the mill property at 
Throopsville, near Auburn, which he did, in 1811, in 
company with his brother-in-law, Mr. Akin. Shortly 
after the purchase, the name of Throopsville was given 
to the place, in compliment to him, at a public meeting 
of the inhabitants. 

Mr. Throop now occupied a prominent position, not 
only in the county where he resided, but also in the 
republican party of New York. The acquaintance 
he had formed at Johnstown and Albany, with the 



HIS RELATIONS WITH THE CLINTONIANS. 495 

distinguished men of the state, was highly beneficial 
to him. He was a strict party man, active, energetic, 
and almost always successful in his political efforts ; 
and the republican leaders at the capital had great 
confidence, which was not misplaced, in his ability and 
influence. To his friend, Judge Spencer, he was 
indebted for many favors, which he did not forget 
even when the political accidents of future years 
separated them most widely from each other. Taking 
different positions at a subsequent period, upon highly 
important questions, both as to men and measures, 
their intimacy naturally ceased, but their mutual re- 
spect never. 

Like most of the republicans in the interior, Mr. 
Throop was favorably disposed toward the Clintons. 
He was, however, sincerely attached to Governor 
Tompkins, and happening to be at Albany during the 
winter session of 1812, he entered warmly into the 
contest with reference to the incorporation of the 
Bank of America. He approved of the governor's 
course upon this question, and supported and defended 
him on all occasions. While at Albany he was invited 
to attend the meeting of Mr. Clinton's friends called 
for the purpose of consulting upon the propriety of 
bringing him forward for the presidency. At this 
time De Witt Clinton and Ambrose Spencer were the 
acknowledged leaders of the party in the state, and 
between the two men, Mr. Throop was partial to the 
latter. He was determined, also, irrespective of his 



16 ENOS T. THROOP. 



friendship for Judge Spencer, to do notiiing that was 
calculated to prevent the reelection of Mr. Madison ; 
and when it was openly avowed, at the meeting of 
Mr. Clinton's friends, that the movement was in oppo- 
sition to Madison, and that they relied for success 
mainly upon the federal party, he expressed his un- 
qualified dissent from the proceedings, and declared 
it to be his firm belief that they were acting without 
the concurrence of Mr. Clinton. lie soon discovered 
his mistake ; Mr. Clinton treated him with coldness, 
and their intercourse ceased. 

The success of the federalists at the previous elec- 
tion having given them the council of appointment 
in 1813, Mr. Throop was among the first removals 
from office, and Elijah Miller, a prominent federalist 
in the county of Cayuga, was appointed in his place. 
Two years afterward, in 1815, the republicans again 
secured the council, and Mr. Throop was promptly 
restored to the office from which he had been removed. 

In the month of July, 1814, he was married to 
Evelina Vredenburgh, the youngest daughter of 
Colonel William J. Vredenburgh, of Skaneateles. Her 
father was of Dutch descent, and a large landholder 
on the military tract. He was one of the founders 
and earliest settlers of the beautiful town where he 
passed the latter part of his life. Another of his 
daughters married James Porter, for a long time the 
Register of the court of chancery, and a leading poli- 
tician in the republican ranks. Mrs. Throop died in 



ELECTED A MEMBER OF CONGRESS. 497 

the city of New York, in 1834, lamented not only by 
the husband who mourned her loss, but by all who 
remembered the many beautiful traits in her character. 
She was the mother of three children, not one of 
whom lived beyond the period of infancy. 

At the congressional election in the year 1814, Mr. 
Throop was elected to the 14th Congress, as a friend 
of the war measures of the national administration, 
from the double district consisting of the counties of 
Cayuga, Seneca, Tioga and Broome, in the place of 
Daniel Avery, the federal member who had represent- 
ed the district in the two previous Congresses. His 
colleague was Oliver C. Comstock, of Seneca. They 
were both elected by large majorities. 

Mr. Throop took his seat in Congress on the 4th 
of December, 1815, and by his talents and industry, 
and his high character for integrity and independence, 
very soon acquired a more than respectable standing 
at Washington. His associates and compeers were 
the great men of the nation — among them Clay, Cal- 
houn, Webster, Forsyth, Pinkney, and Lowndes — 
but his position beside them was one highly honorable 
to him. 

The session of 1815-lG was not unusually long, 
but highly exciting. The war had now ended, but 
the public and private credit which had been almost 
destroyed, were to be restored. Mr. Throop took 
part in the debates on most of the important topics 
discussed. He voted for the incorporation of the 



32 



498 ENOS T. THROOP. 

national bank, with Clay, Calhoun, and other leading 
friends of the administration, as the only means that 
appeared to him to be feasible, to relieve the country 
from the multiplied embarrassments occasioned by the 
suspension of specie payments by the state bunks and 
the depreciation of the currency. 

He also opposed the bill introduced by Mr. Forsyth, 
making provision for carrying the commercial treaty 
with Great Britain into effect, and in the course of the 
debate on this question, submitted the following re- 
marks : 

" I shall vote against the bill, because I think it unnecessary to pass 
such a la-w. Tlie act in question does nothing more than put into the 
form of a law the several provisions of the treaty regulating the com- 
merce betvreen the two countries, which are of tliemselves the supreme 
law of the land. These provisions do not require a construction nor 
any aid by law to carry them into execution. If the object was merely 
to instruct the revenue officers, I would prefer its being done by the 
President or the Secretary of the Treasury, whose duty I conceive it 
to be, aud whose competency cannot be doubted. I do not know that 
the passage of this law, following the provisions of the treaty, will do 
any great mischief, but I am opposed to the principles on which it ia 
attempted to be supported, and fear that it will at some future period 
form a dangerous precedent. 

" The treaty-making power is lodged by the constitution in the 
President and Senate, and their act becomes obligatory on the nation, 
without the interference of this House, by that section of the constitu- 
tion which declares that ' this constitution and the laws of the United 
States which shall be made in pursuance thereof, and all treaties made, 
or which shall be made, under the authority of the United States, shall 
be the supreme law of the land." An argument has been attempted to 
be drawn from the fact that the constitution, laws and treaties, are 



SPEECH ON THE COMMERCIAL TREATY. 499 

classed together in the same sentence, and are all declared to be the 
law of the land. 

" I do not know that I understand what the conclusion is ; but if it 
is as I apprehend it to be — that, being all classed together, and in one 
sentence declared to be the supreme law, that then a treaty is of no 
greater force than a law ; I conceive that the same argument will prove 
that the constitution is not paramount to a law, and if that construction 
prevails, Congress may by law repeal the constitution. But, grant that 
the treaty has no greater efficacy than a law, and can repeal and be 
repealed by a law, then the act under consideration is unnecessary, as 
the treaty being subsequent to the law creating discriminating duties, 
repeals that law ; and win. a a new tariff of duties is created, it may 
be made to conform to tliu treaty. But, it is said, the treaty is a com- 
pact ; hence it is no law tu be observed by the people, but only a direc- 
tion to Congress to pass a law. Because it is a compact, it is superior 
to the law. An individual may prescribe to himself a rule of conduct 
by which he will be {jovoi ued, but he may depart from that rule when- 
ever he pleases ; it is a law to himself, and the power which enacts 
may repeal. But if he stipulates with another a rule of conduct to be 
observed by himself, it is a compact, and he cannot depart from it with- 
out a violation of his plighted faith, and the rights of that other. This 
is the distinction between a treaty and a law ; and which renders a 
treaty paramount to the law. The law prescribes a rule of conduct to 
the citizens of the state by which they are to be governed, and may 
be repealed at any time ; but a treaty is a compact between two sover- 
eign states, which cannot be departed from by one without violating 
the faith of that state, and the rights of the other. 

" An answer to the argument that the treaty is only a direction to 
Congress to pass a law, is to be found in the concluding part of the 
same section of the constitution, which, after stating that treaties, Ac, 
shall be the supreme law of the land, adds, 'and the judges in each 
state ehall be bound thereby.' Here is a direction, not to Congress, but 
to the courts of law, to construe and enforce the treaty, which they 
are bound to do without reference to any construction which might be 
put upon it by an act of this body. I trust I shall not be told that this 



600 ENOa T. THROOP. 

direction is to the judges of the state courts, and not to the judiciary 
of the United States, and that a treaty might be enforced iu the stato 
courts, but would require a law to enforce it in the courts of the United 
States. For, according to that construction, it might produce this ab- 
surdity ; that the treaty would operate upon tlie states individually, 
and Congress might refuse to pass a law, whereby it could not be 
treated as a law by the United States courts. I cannot sanctic« the 
idea that this House has any control over the treaty-making power, 
to ratify or annul their acts, unless it is in cases where tlie treaty can- 
not execute itself, but requires for that purpose provision to be made by 
law, such as raising money, &c. 

" Some gentlemen seem alarmed, lest the President and Senate, by 
an assumption of power, shall at length claim the right of making war, 
which they can do by stipulating for war in a treaty. Should the 
right of declaring war exist in one branch of the legislature independ- 
ent of tlie others, I cannot see but that it may as safely be lodged with 
the President and Senate, as with this House. The right here claimed 
of supervising the treaty, will lead to that result. War has ceased ; 
we are at peace with Great Britain, by treaty ; but if this House in the 
plenitude of their wisdom, does not think proper to ratify the treaty, 
the war is renewed, and we must resume our arms, — which will efifec- 
tually vest this branch of the legislature with the power of making war. 
I do not believe that it entered into the views of the framers of the 
constitution, to vest this House with the power of rejecting or ratifying 
a treaty : if it did, they would not have left a power, so important, to 
be gathered from inference. They would have made express provision 
for it. It would have been easy for them, and they would have de- 
clared that the power of making treaties should be vested in the Presi- 
dent of the United States and Congress." 

In the remarks of Mr. Throop the principal questions 
involved in Mr. Forsyth's bill are succinctly stated. 
The majority of the republican members in the House 
contended that, inasmuch as the convention or treaty 



SUPPORT OF THE TARIFF ACT. 501 

Stipulated for the equalization of tonnage and duties, so 
as to place British vessels on the same footing with 
American vessels, and as the original law required the 
sanction of both branches of the legislature, it was not 
competent for one of them, acting in conjunction with 
the executive, to nullify it pro hac vice, by means of a 
treaty, any more than it would be proper for them to 
repeal it absolutely. On the other hand, Mr. Throop 
insisted, as did Mr. Calhoun and Mr. Pinkney, that no 
legislative provisions were necessary, because the con- 
vention contemplated only the suspension of alien dis- 
abilities, in return for a similar suspension by Great 
Britain in favor of American citizens ; that this subject 
was one peculiarly within the province of the treaty- 
making power ; and that the treaty, being the supreme 
law of the land, by its own inherent force and author- 
ity, suspended the operation of the law imposing the dis- 
abilities. Mr. Forsyth's bill ultimately passed the House ; 
the Senate disagreed ; but a law was finally enacted 
establishing the principle contended for by the republi- 
can majority. Mr. Madison, no doubt, concurred in 
opinion with the minority, because he issued his proc- 
lamation declaring the removal of the disabilities sim- 
ultaneously with the publication of the commercial 
treaty as ratified. 

During the war the capital, of necessity withdrawn 
from commercial pursuits, was invested in manufac- 
tures ; but when peace was declared, the establish- 
ments thus called, as it were, into being, by the foreign 



502 ENOS T. THROOP. 

policy of the government, were threatened with ruin 
if exposed to competition with the products of foreign 
manufacturers. The indebtedness of the country re- 
quired a large revenue, and the only practicable mode 
of raising it seemed to be by means of a tariff law. 
Influenced by this consideration, and for the reason, 
as well, that he favored the protection and encourage- 
ment of the domestic interests of the country, Mr. 
Throop voted for the act of 1816, and opposed the at- 
tempt to establish, as a principle of the bill and of the 
tariff policy of the country, an ad valorem duty of 
twenty per cent, on cotton and woollen goods. While 
upon this subject, however, it may be well to add, that 
he heartily approved of the reduction of the duties made 
by the compromise act, and afterward, by the law of 
1846. 

Mr. Throop also supported the Canadian Volunteer 
bill, and the act known as " the Compensation act." 
By the latter law, the per diem allowance of members 
of Congress was changed to an annual salary of fifteen 
hundred dollars. The motives of those who originated 
this law were eminently praiseworthy, and its princi- 
ple as fair and just as any that could be devised. The 
average compensation of members was increased by 
it only about thirty-eight per cent, above the rates estab- 
lished nearly thirty years previous, and this was cer- 
tainly not out of proportion with the increase in the 
cost of the necessaries of life.* But the law was un- 

* The average amount of pay, including mileage, to each member 



THE COMPENSATION LAW. 503 

popular with the people, and nearly all those represen- 
tatives who voted in its favor and were candidates for 
reelection, failed of being returned. Such was the for- 
tune of Mr. Throop. He was borne down by the pop- 
ular clamor originating with those who were ignorant 
of the real character of the law, but most of whom 
were, without doubt, sincere and honest in their oppo- 
sition to what they called high salaries. Being again 
a candidate in 1816, at the election in April of that 
year, previous to his return home, and before he had 
time to set himself right with the electors of the dis- 
trict by exposing the misrepresentations and miscon- 
ceptions which had deluded them, he was defeated by 
an overwhelming vote. 

During the same session of Congress, the question 
of a successor to Mr. Madison was also agitated. Mr. 
Monroe and Mr. Crawford were the two prominent 
candidates, and the contest for the nomination was 
ultimately confined to them. Efforts had been made, 
however, to bring forward other candidates, particu- 
larly in the state of New York. De Witt Clinton, 
from his too close connection with the federalists in 
1812, was no longer the favorite of the republican 
party in the state, and its leadership had been mainly 
assumed by Judge Spencer. The latter was originally 
in favor of General Armstrong, the secretary of war, 

annually, for eight years previous, waa about thirteen hundred dollars, 
and the Compensation act raised it to eighteen hundred. The per diem 
allowance, it will be remembered, was then ooly six dollars. 



ENOS r. THROOP. 



and corresponded with a number of his political friends 
upon the propriety of electing him to the Senate, with 
a view, eventually, of making him president. Among 
them was Mr. Throop, who, notwithstanding his long 
and sincere friendship for his correspondent, positively 
declined to engage in any such effort. This refusal 
led to a coolness between them, and when in the win- 
ter of 1816, he declined to follow the Judge in his re- 
union with Mr. Clinton, their intimacy ceased. 

The unfortunate capture of Washington compelled 
Mr. Armstrong to retire to private life, and Judge 
Spencer then supported the pretensions of Mr. Craw- 
ford. His real preferences were undoubtedly fi.xed in 
that direction at an early day, but he had become jeal- 
ous of the growing popularity of Governor Tompkins, 
who was now generally talked of as a candidate for 
the vice-presidency ; and through his instrumentality 
the republicans in the New York legislature were in- 
duced to nominate the governor, at a caucus held in 
February, 1816, for the presidential office. This move- 
ment could only have been devised, for the purpose of 
engaging Governor Tompkins in a premature and ill- 
advised contest with older men in the republican party 
of the nation, and thus destroying his popularity. But 
the effort, as we have seen,* entirely failed of success. 
General Porter, Mr. Van Buren, Mr. Throop, and other 
leading republicans, who were sincerely attached to 
Governor Tompkins, foresaw what would be the result 
* Ante p. 196, et seq. 



FRIENDSHIP FOR GOVERNOR TOMPKINS. 505 

if his name were pressed ; and when they found that if 
the nomination could be effected in the Congressional 
caucus, the friends of Mr. Monroe would, as they 
threatened to do in any event if their favorite was not 
selected, present him as a candidate irrespective of the 
decision of the caucus, — or that, if defeated in the cau- 
cus, his prospects for the future would be seriously, 
perhaps fatally injured, — they then confined their 
efforts to securing his nomination to the vice-presi- 
dency, in which they were successful. 

Mr. Throop was a warm friend, both politically and 
personally, to Governor Tompkins, from the time of 
his first election as governor, in 1807, to the close of 
his career; and the assertion of Mr. Hammond, that 
the governor thought unkindly of him, as one of the 
republican members of Congress, for too readily con- 
senting to give him up,* is unjust to the memory of 
the one, and to the character of the other for fidelity 
and integrity in his political relations. Mr. Throop 
was, from the beginning, in favor of the nomination 
of Mr. Monroe, because, in his judgment, the public 
opinion of the republican party had indicated him as 
the successor of Mr. Madison ; and his long experience 
in national affairs, and his patriotic services during the 
Revolution and the late war, gave him strong claims 
upon the regard and confidence of the people. He 
would have supported Tompkins, if his nomination had 
been possible, but that being out of the question, he 

* Political History, voL L p. 411. 
22 



506 ;. i ENOS T. THROOP. ; -{ 

was free to choose between the other candidates. 
His preferences were never disguised ; and at a meet- 
ing of the New York republican delegation in Con- 
gress, held shortly before the caucus, he expressed 
them openly and without reserve. The influence of 
Judge Spencer was felt at this meeting, and an effort 
was made to commit the members present to the sup- 
port of Mr. Crawford, under the captivating plea that 
the state of New York ought to give an united vote 
upon the question. Mr. Hammond attended the meet- 
ing as one of the republican members, and he declares 
that it was broken up " without any expression of 
opinion as between Monroe and Crawford," mainly 
"by means of the influence of General Porter, John 
W. Taylor, and Enos T. Throop."* 

It may readily be inferred, from this language, al- 
though the writer might not have designed to make 
such a charge, that undue means were taken by Mr. 
Throop and others to prevent an expression of opinion 
at the meeting. This was not so. Mr. Throop had 
no concealments on the question, and freely expressed 
his sentiments. It was notorious that the confidential 
friends of Mr. Monroe had declared that he was before 
the people and should not be withdrawn ; and that Mr. 
Crawford was made a candidate, against his will and 
the wishes of his Georgia friends, principally by New 
York politicians. Mr. Throop belonged to the old 
Jeffersonian school ; the republican party was a national 
* Political History, toL i. p. 409. 



HIS RESIGNATION. 507 

one ; and as Mr. Tompkins could not be nominated, 
he opposed taking any steps that would give the matter 
a state character, as it was contemplated to do by- 
pledging the members to cast a united vote for Craw- 
ford, and desired that each should be left at liberty 
to act as he thought proper. But five or six of the 
members from New York concurred with Mr. Throop 
in preferring Mr. Monroe, yet the majority appeared 
to be favorably impressed with the objections urged 
against expressing any opinion, as a delegation, and 
the meeting adjourned, as stated by Mr. Hammond ; 
no other means having been taken to produce that 
result, than the frank avowal of their opinions by 
General Porter, Mr. Taylor, and Mr. Throop. New 
York was not pitted against Virginia on the presiden- 
tial question, and the creation or fostering of state 
prejudices was avoided, through the prudent caution 
of Mr. Throop and his friends. 

On his return from Washington, Mr. Throop found 
that the people of his district had pronounced their 
disapprobation of his course in voting for the com- 
pensation act. Conscious, though he was, of the 
purity of his motives, and well assured that his con- 
stituents were mistaken, both as to them, and as to the 
true character of the law, there seemed but one course 
left for him to pursue, and that was to resign his seat. 
This was promptly done, and a special election was 
ordered to be held in the district. Another candidate 
was selected to fill the vacancy, and an active and 



508 ENOS T. THROOP. 

spirited canvass ensued. The " low-salary" party, as 
they termed themselves, and who consisted of federal- 
ists and Clintonians, also had their candidate, and 
succeeded in electing him, but by a largely reduced 
majority. The efforts of Mr. Throop and his friends 
were principally confined to the county of Cayuga, 
and they had the satisfaction of reversing the vote at 
the previous regular election, and giving a majority of 
six hundred to the republican candidate. In the other 
counties in the district the nominee of the " low salary" 
party received a majority more than sufficient to neu- 
tralize the vote of Cayuga. This sudden outbreak of 
popular feeling, therefore, did not, in the end, weaken 
the influence or popularity of Mr. Throop in the county 
where he resided, but it served to elevate him in the 
estimation of those who could not but admire the inde- 
pendence of character which he had displayed. 

The Clintonians and Bucktails, though existing for 
a long time previous as separate factions of the re- 
publican party, did not finally divide till the winter 
of 1819. Mr. Throop, however, was opposed to the 
nomination of De Witt Clinton as the republican 
candidate for governor in 1817, though he did not 
make any eflbrt to defeat his election ; and as " the 
low-salary men" in Cayuga county had become ardent 
Clintonians, the lines between them, and Mr. Throop 
and his friends, were distinctly drawn very soon after 
Mr. Clinton's elevation to the chief magistracy of the 
state. 



REMOVAL FROM OFFICE OF CLERK. 509 

In the winter of 1818, Mr. Clinton was seated in 
authority, with a council of appointment ready, as he 
supposed, to carry out his wishes. It consisted of 
Henry Yates and Jabez D. Hammond, Clintonians ; 
and Henry Seymour and Peter R. Livingston, Buck- 
tails. But Mr. Yates, though he had been a warm 
and constant friend to Mr. Clinton, was also a firm 
republican ; and he was totally opposed to proscribing 
any member of the party, because of his personal 
likes or dislikes as respected Mr. Clinton. The com- 
mission for the county of Cayuga expired this year, 
and as most of the persons in office were the political 
friends of Mr. Throop, " the low-salary men," or Clin- 
tonians, held a county convention, and adopted a new 
civil list, which they forwarded to Governor Clinton. 
This list was laid before the council by the governor, 
and he recommended the appointment of the persons 
therein named, confidently expecting that Mr. Yates 
and Mr. Hammond would promptly support him. 
Meanwhile the former had been advised by Mr. 
Throop, who happened to be an old friend and ac- 
quaintance, of the true state of the case, and he saw 
that if he sustained the governor, it could only be by 
proscribing members of the party in good standing. 
Determined not to be a party to such a proceeding, 
when the governor presented the new list to the coun- 
cil, and Mr. Hammond stood prepared to vote for its 
adoption, to their surprise he immediately rose in his 
place, and nominated a person to the office of sheriff. 



510 ENOS T. THROOP. 

from a list furnished him by Mr. Throop. Mr. Sey- 
mour and Mr. Livingston voted with him, and the 
nomination was carried. He then went through with 
the whole list, without stopping ; the governor and his 
friend, Mr. Hammond, were in a powerless minority, 
and they had no further control of the council for the 
remainder of the year. 

The following year Mr. Clinton had a council com- 
pletely subservient to his views, and it was intimated 
to Mr. Throop that unless he ceased his opposition to 
Mr. Clinton, he would be removed from the office of 
county clerk, while his friends should be retained, and 
his influence would thus be weakened. The intima- 
tion was disregarded, and his removal soon followed. 
In 1820 the Bucktails secured the council, and it was 
then proposed to Mr. Throop that he should be re- 
stored to the clerkship, but he declined accepting the 
office again, and it was then conferred on his brother. 

After his removal, Mr. Throop confined himself for 
several years to the management of his private busi- 
ness, though still maintaining his position at the head 
of the republican party in his county. He supported 
Governor Tompkins in 1820, and approved of the 
reelection of Mr. Monroe. He was one of the early 
friends of the proposition to call a convention to revise 
the constitution ; and the various reforms and amend- 
ments in the fundamental law of the state which were 
thus effected, met with his hearty concurrence. 

The constitution of 1821 made provision for divid- 



APPOINTED CIRCUIT JUDGE. 511 

ing the state into eight circuits, for each of which a 
circuit judge was to be appointed. A judicial office 
had long been the object of Mr. Throop's ambition, 
but it was unnecessary for him to make his wishes 
known. As soon as the new constitution was adopt- 
ed, and the legislature had divided the state into cir- 
cuits, public opinion seemed at once to settle upon 
him as a proper person to receive the appointment 
for judge of the seventh circuit, which embraced the 
county of Cayuga. Governor Yates had known him 
from his boyhood, and was his personal friend ; he did 
not require, therefore, to be very warmly urged in his 
behalf; and in the month of April, 1823, Mr. Throop 
was nominated and appointed to the office of circuit 
judge. 

In this new position he fully realized the expecta- 
tions of his friends. He was prompt in the dispatch 
of business, courteous yet dignified in his manners, 
careful in deliberation and impartial in his decisions. 
Punctual and correct as a lawyer, he was prudent and 
conscientious as a judge ; and the integrity that 
guided his conduct at the bar kept the ermine free 
from spot or stain. His experience in the office of 
Mr. Metcalfe proved of great service to him in this 
new position. His familiarity with the forms and 
proceedings in criminal trials, and with the principles 
of criminal law, astonished his old associates, and the 
leading counsel in the circuit frequently expressed 
their surprise. 



=1 



512 ENOS T. THROOP. 

In the month of September, 1826, William Morgan, 
a member of the masonic fraternity, was forcibly 
abducted from Canandaigua, and taken to Fort Ni- 
agara, where he was confined for several days, and 
then suddenly disappeared. The parties concerned 
in this outrage were also masons, and their object 
was to prevent the publication of a book divulging 
the secrets of the order, then being prepared by Mor- 
gan. The fate of this individual is still shrouded in 
mystery, though there is little reason to doubt that 
he was murdered, perhaps by drowning him in Lake 
Ontario, without the jurisdiction of the state of 
New York, and by masons from Canada ; his original 
abductors either directly or indirectly assenting to the 
act. But few persons were concerned in the abduc- 
tion and subsequent disposition of Morgan, and nothing 
has ever been discovered or disclosed tending to show 
that it was done with the consent or approbation of 
any recognized power or authority in the society. 

The excitement that followed the disappearance 
of Morgan was unparalleled, particularly in western 
New York ; and it ultimately extended to other states. 
As fact after fact was divulged, in the history of 
the abduction, the feelings of indignation which had 
been aroused gathered additional intensity. The story 
was repeated, not always without the embellishment 
of fancy, at the fireside and in the pulpit, in the public 
journal and at the hustings. Rumor with her thou- 
sand tongues invented a thousand tales of horror. 



ANTIMASONRY. 613 

The oaths and obhgations of masonry were made pub- 
lic, and when it was seen what powerful instruments 
of oppression and injustice these might be in the hands 
of designinfT men, the institution was declared to be 
a dangerous one. The masons at first attempted to 
withstand the tempest of popular fury, and scouted 
the idea that the many should be punished for the guilt 
of the few. But the current was far too powerful to 
be resisted. The members of the order seceded by 
scores ; one lodge after another surrendered its char- 
ter ; and finally, the order dwindled away till it barely 
maintained an existence. 

This movement originated with the people, though 
demagogues may ha.ve availed themselves of it, as is 
always the case with such excitements, to secure 
political power. The masonic order had been a popu- 
lar one ; and a very large proportion of the leading 
men in the state, of both political parties, were mem- 
bers of the institution. Tliis being the case, most of 
the prominent offices were held by them. Its influ- 
ence, too, was felt, to a greater or less extent, in all 
the relations of life, — in the administration of justice, 
in politics, in business, and in religion. All these 
circumstances tended to heighten the feehngs which 
had been enkindled, and the opponents of masonry, 
who called themselves anti-masons, daily added to 
their numbers. Opposition to the masonic institution 
was with them a cardinal virtue and principle ; they 
carried it into the churches, and eventually to the polls. 
22* 



33 



i' \ 



514 ENOS T. THROOP. 

At first the antimasons were not a political party. 
But they desired to procure the repeal of the act of in- 
corporation granted to the Grand Chapter of the state 
by the legislature, and the passage of a law prohibiting 
the administration of extra judicial oaths ; and they 
soon found that it was impossible for them to accom- 
plish these ends without taking part in the elections. 
In the early stages of the excitement they had con- 
tented themselves with opposing the election of a ma- 
son to any civil office, but this sort of negative action 
M'as attended with only a moderate measure of suc- 
cess. Their great object — the complete overthrow 
and prohibition of the masonic institution — could not 
be effected without combination and unity of effort. 
When this truth became evident, disregarding their old 
political associations and antecedents, they formed a 
new party, known as the Antimasonic party, and made 
their appearance as such, for the first time, in the year 
1828. This party, as organized in western New York, 
was composed in great part of Clintonians, with a large 
detachment from the Bucktail ranks. 

In January, 1827, several persons concerned in the 
Morgan outrage were arraigned before Judge Throop, 
at the Ontario Oyer and Terminer, on an indictment 
charging them with conspiring to kidnap Morgan. 
The defendants, with one exception, plead guilty, and 
the other was tried and convicted. In sentencing them, 
the Judge denounced the conspiracy and outrage in 
severe and eloquent terms. " Your conduct," he said, 



ANTIMA80NEY. 515 

" has created, in the people of this section of the coun- 
try, a strong feeling of virtuous indignation. The 
court rejoices to witness it, — to be made certain that 
a citizen's person cannot be invaded by lawless vio- 
lence, without its being felt by every individual in the 
community. It is a blessed spirit, and we do hope that 
it will not subside ; thnt it will be accompanied by a 
ceaseless vigilance and untiring activity, until every 
actor in this proflignic conspiracy is hunted from his 
hiding-place, and bi ought before the tribunals of his 
country, to receive the punishment merited by his 
crime." Judge Throop was not a mason, neither was 
he an antimason, but these remarks, appropriate as 
they were to the occasion, were entirely satisfactory 
to the best friends of the institution, and at the same 
time secured him the respect and esteem of its oppo- 
nents. They showed that he occupied an impartial 
position ; being satisfied that a great crime had been 
committed, he was disposed to punish the perpetrators, 
but not to attack an institution because there were bad 
men among its members ; while he was not bigotted 
on the one hand, he was not prescriptive on the other. 
This moderate and neutral position did not satisfy the 
antimasons, as we shall see, when they became a polit- 
ical party, and, consequently, they were afterward po- 
litically hostile to him. 

While he occupied the station of a judge, Mr. 
Throop avoided any active interference in politics, 
though all the while known and recognized as a mem- 



516 ENDS T. THROOP. 

ber of the Bucktail or democratic party. In 1827, 
with nearly all his old political friends, he took ground 
in favor of the election of General Jackson to the pres- 
idency. It was not his intention, nor his wish, ever 
again to enter the arena of party strife. He had long 
cherished a desire to engage in agricultural pursuits, 
and when he found that his judicial duties were not in- 
compatible with a country life, he gladly consummated 
it, under circumstances that placed him above want. 
In 1826, he changed his residence from Auburn to his 
beautiful farm of Willow Brook, on Owasco Lake, 
which, though now an inhabitant of another state, he 
still regards as his home. Here, in peace and quiet, he 
hoped to spend the remainder of his days ; but his ex- 
pectations were not destined to be fulfilled. 

In the summer of 1828 he was solicited by Mr. 
Van Buren and other political friends, to become a 
candidate for lieutenant-governor on the same ticket 
with that gentleman. The proposition made to him 
was, in efl'ect, that he should become governor, for 
there appeared little doubt of the success of the Jack- 
son, or democratic party, in the state and nation ; and 
it was confidently expected that Mr. Van Buren would 
be invited to take a place in the cabinet. Fully recog- 
nizing his obligations to the party of which he was a 
member, and not indifferent to the high honor thus ten- 
dered him, he reconsidered his determination to with- 
draw from political life, and consented, though with 
reluctance, to become a candidate for the nomination. 



BECOMES ACTING GOVERNOR. 517 

At the Herkimer Convention, in September, 1828, 
Mr. Van Buren and Mr. Tliroop were accordingly 
put in nomination, for the offices of governor and lieu- 
tenant-governor, and the latter immediately thereafter 
resigned the judgeship, in order to render himself eligi- 
ble. The election resulted in the success of the demo- 
cratic ticket. Mr. Throop's majority over Francis 
Granger, the national republican or Adams candidate, 
in the county of Cayuga, was nearly two thousand, 
and in the state at large upwards of twenty-eight 
thousand. The antimasonic candidate, John Crary, 
received nearly thirty-four thousand votes. 

On the first of January, 1829, Mr. Throop took the 
oath of office, as lieutenant-governor, but he had only 
just become familiar with the routine of his duties as , 

presiding officer of the Senate, when Mr. Van Buren \ 

resigned the office of governor on receiving the ap- | 

pointment of secretary of state. Mr. Throop now be- i 

came the acting governor ; and he took leave of the I 

Senate on the r2th of March, properly availing him- 
self of the occasion to deliver an address setting forth I 

the general principles upon which he should adminis- i 

ter the executive duties devolving upon him. His 
position was a peculiar one. For several years he 
had been entirely withdrawn from pohtical life ; new 
men had appeared on the stage since the adoption of 
the constitution of 1821 ; and it was natural that he 
should be viewed something in the light of an intruder 
by those who had been accustomed to look to others as 



J 



ENOS T. THROOP. 

the dispensers of official patronage. By the death of 
Mr. Clinton, this party was disbanded ; and as the 
republicans had lost considerable strength by nieans 
of the antimasonic excitement, it was evident that 
they could not sustain themselves without accessions 
from the Clintonian party. Governor Throop seems 
to have had this consideration in view in his address, 
and attempted to rally the old esprit du corps of the 
republican party by reviving its differences with their 
ancient opponents, the federalists of 1798 and 1812. 
He also alluded to the excitement on the subject of 
masonry, and intimated that, in his opinion, unless 
there were some great and important objects to be 
secured by the institution, it should be dissolved, be- 
cause it could not continue to exist except as a source 
of "useless irritation." 

In regard to the appointing power, also, Mr. Throop's 
position was one of great delicacy. Most of the 
offices in the state were filled by the friends of Mr. 
Clinton, who, with him, had been in favor of General 
Jackson. But the Bucktails constituted the principal 
strength of the democratic party, and it was impossible 
to deny them a fair participation in the results of the 
victory which they had aided in achieving. Governor 
Throop, however, managed with great tact and ad- 
dress, and in a manner well calculated to strengthen 
the party of which he had now become the nominal 
head. 

When Governor Throop entered upon the discharge 



THE LATERAL CANALS. 519 

of the gubernatorial duties, the legislature had made 
considerable progress upon the Safety-fund law, and 
he had the satisfaction of signing and approving it. 
One other question, of much importance in its bearings 
upon his political fortunes, and those of the democratic 
party, was discussed at the regular session of the legis- 
lature, in 1829. 

Before the completion of the Erie and Champlain 
Canals, various sectional interests sprung up, having in 
view the construction of lateral works of the same 
character. The most important of these were known, 
in the subsequent legislation of the state, as the Black 
River, Genesee Valley and Chenango Canals. The 
last was the pioneer project, and the inhabitants re- 
siding on the route along which it was proposed to be 
constructed were warmly enlisted in its favor. For 
several years their favorite measure was pressed upon 
the legislature, but without success. A majority of 
the canal board, including Samuel Young, William L. 
Marcy and Azariah C. Flagg, who had for some time 
been its most active and influential members, were 
opposed to the construction of the Chenango Canal, 
because they thought that the public debt ought to be 
first extinguished, and a surplus revenue accumulated 
sufficient to discharge all the liabilities that it might be 
necessary to incur. In the winter of 1829, Mr. Marcy 
was transferred to the bench of the Supreme Court, 
but his place as comptroller was filled by Silas Wright, 
who entertained similar views. 



■fCail ENOS T. THROOP. 

At the session of 1829, the Chenango Canal project 
was again discussed with much earnestness, and a bill 
was introduced authorizing the construction of the 
work. It was obvious, from the tone and character 
of the debates, that there were two sets of opinions 
prevailing among the republican members ; one party- 
concurring with the majority of the canal board, and 
the other believing that if a work promised to benefit 
any considerable portion of the state, it ought to be 
constructed, even if it became necessary to use the 
public credit. The friends of the Chenango Canal 
insisted that it would be a source of revenue to the 
state ; but this was denied by its opponents, who 
affirmed that it would never repay the cost of its 
construction. Extreme opinions, adverse to the con- 
struction of the canal, in any event, were held by 
some of the opponents of the measure, but most of 
them expressed themselves willing to have the work 
constructed, at once, if the public debt would not be 
increased, and if that were impossible, then that it 
should be postponed till the state had sufficient surplus 
funds to be expended on works of internal improve- 
ment. These last were probably the sentiments of 
Mr. Van Buren and Mr. Throop, though neither the 
former, in his annual message, nor the latter, in his 
address to the Senate, committed himself upon the 
question. At a subsequent day, Governor Throop 
expressed his views at length; and they may properly 
be inserted here, though not in strict chronological 



VIEWS ON FINANCIAL POLICY. 521 

order. In his annual message in 1831, he referred at 
length to the then exhausted condition of the general 
fund, the subject of internal improvements and the 
financial policy of the state, in the following lan- 
guage : 

" No government can be administered without money, and the 
means of defraying its expenses must in some shape be furnished by 
those for -wdK^se benefit it is administered. It therefore becomes 
necessary to consider from what sources our exhausted treasury can 
be replenished. This involves an inquiry into the means placed at the 
disposal of the legislature for that purpose. These means are taxa- 
tion, or loans on the credit of the government. If money is borrowed, 
the interest must be paid, and eventually the capital. If in addition 
to the current annual disbursements, the money to pay tlie interest on 
previous loans must also be borrowed, it is obvious that with com- 
pound interest there will be a rapid accumulation of debt, and the 
public creditor will ultimately require some further security for his 
loans, than the credit of the state. Such measures would result in 
impaired public credit; taxation could not long be delayed; and it is 
to be feared, that when it becomes necessary to levy upon the people 
the amount of the current expenses, together with the interest accru- 
ing upon debts incurred for the expenses of preceding years, swelled 
by compound interest, the taxation will be found burdensome and may 
become perpetual. 

" There is no mystery in financial operations, save what ingenious 
men have found necessary to throw around them, to conceal tieir own 
measures from the public knowledge. What would be said of a farmer 
who should thus manage his private concerns, and trust to borrowing 
on the credit of his farm, for the annual expenses of his living, instead 
of deriving support from it by his earnings ? 

"I should be wanting in duty, if I should forbear to pursue this 
interesting subject still further, for I deem it of vital importance. We 
are still a young nation, and have experienced nothing but increasing 



S2S EN03 T. THROOP. 

prosperity ; and having now arrived at a point where our treasury 
must be permanently supplied, or a hazardous experiment upon our 
own credit made, it is our own fault if we do not choose that alterna- 
tive which we know to be safe, and to which common prudence directly 
points. 

" As we have but little to appeal to, in our own experience, we 
should not shut our eyes to the light reflected by the history of other 
nations. An able English historian, in noticing a temporary debt, 
created in the reign of Henry the Sixth, makes the following remarks : 
' The first instance of a debt contracted upon parliamentary security, 
occurs in this reign. The commencement of this practice deserves to 
be noted ; a practice the more likely to become pernicious, the more 
a nation advances in opulence and credit. The ruinous effects of it 
are now become too apparent, and threaten the very existence of the 
nation.' 

" Shortly before the commencement of the last century, when Wil- 
liam the Third came to the throne, and found it necessary, in order to 
defend his continental possessions, and to restrain the ambition of 
France, to have more money than could be raised by the ordinary 
means of revenue, a resort was first had to temporary loans, pledging 
the annual income to repay them. As this necessity for money con- 
tinued from year to year, the debt was left unpaid, and the revenues 
were appropriated to pay the interest of it ; and it then occurred to 
his ingenious financiers that a national debt was a national blessing. 
Thus, within eight years after he ascended the throne, a public debt 
had accumulated, equal in amount to one hundred millions of dollars. 
To pay the interest of that debt, and to defray the current expenses 
of the government, independently of indirect taxation by means of 
customs, direct taxes were imposed upon the people in every possible 
shape. They were imposed upon their persons, upon the value of 
their real and personal property, upon their income, upon their stock 
in trade, upon births and burials, upon beer, cider, perry, and all the 
productions of industry, commercial, manufacturing and agricultural. 
These taxes have been continued, and additional ones imposed upon 
every new object, created by the trade or industry of the nation, as it 



VIEWS ON FINANCIAL POLICY. 523 

was developed, until the British empire, with a population of twenty- 
two millions of persons, is burthened with a debt amounting to about 
three thousand five hundred millions of dollars. 

"It is an extraordinary fact, and shows the evils which a mal- 
administration may bring upon a community, that the period of time 
which enlarged the constitutional privileges of the English people, 
gave birth to legislative measures which drew a new line of distinction 
between the people, and divided them into public creditors and labor" 
ers. All the wealth of the nation has been grasped by the compara- 
tively few holders of government stock, and the privilege to support 
them, by the earnings of their labor, is nearly all that has been left 
to the many. 

" When we look at our means of raising revenue, it will be per- 
ceived that a state debt is a mortgage upon the persons, the property 
and the industry of our citizens, and the public creditor wiU soon call 
for a contribution from those sources. With our present laws, which 
secure to every man the enjoyment of the profits of his industry, 
talents and ingenuity, we can look without concern or envy upon the 
greatest amount of wealth which any individual has accumulated by 
industry and economy. He has a right to enjoy it, and it will be 
soon distributed by his successors. But tliere is great danger in 
creating a mass of wealth, in the hands of individuals, which suffers 
no diminution, but accumulates from generation to generation, sus- 
tained by the industry of the country and guaranteed by the laws. 
We have in vain abolislied entails, if a more durable species of prop- 
erty is created, levying contributions, not by rents, but by means of 
taxes. 

" It is a plausible doctrine, which has been urged with some success, 
that it is no matter liow much money is expended by government, 
provided it is employed upon suitable enterprises for improving our 
internal condition ; because tlie money remains among the people, and 
gives them emj>loyment. This is indeed true, when the money is disbursed 
from a full treasury. But wlien the money expended is borrowed 
of individuals, on state security, and interest is to be paid for its use, 
to be collected by taxation, upon tlie annual products of the labor of 



524 . ' ENOS T. THROOP. 

the people, the money remains among us ; the aggregate wealth of 
the country may be increased, but it is unequally divided ; an undue 
proportion goes into the hands of. the few who monopohze the stock, 
while the remainder of the people are impoverished by the operation. 

" I have entered into much detail upon this important subject, from 
a deep conviction that it is too intimately connected with the public 
welfare to be lightly passed over, and that the time has now arrived, 
when it becomes a duty of the people to understand and reflect upon 
this matter. I have been placed at the head of the government at a 
period when it must determine upon the policy to be pursued, in a 
new and untried state of things. Hitherto the state has been rich in 
lands and public funds, and, aided by taxes which have ceased, it has 
been able to meet the payment of temporary loans, the revolutionary 
claims, and the annual expenses of administering the government. 
This public property is now nearly exhausted, not by the ordinary 
expenses, but by contributions to public works, and as the basis of 
special funds. 

"Internal improvements, by means of canals and railroads, have be- 
come fixed objects of legislative care, and are among the most inter- 
esting subjects which will claim your attention. Their influence in di- 
versifying the pursuits of labor, and equalizing the value of its pro- 
ducts, in adding to individual and aggregate wealth, stimulating enter- 
prise, and binding society together in ties of amity and interest, is not 
only acknowledged in theory, but has been practically demonstrated 
by our experience. Tliese considerations will induce you to examine 
with industry and lively sohcitude, into the means within your control 
for their further prosecution. Our country is peculiarly well adapted 
to the construction of canals and railroads, and affords in all directions, 
from its soil, its forests and its mines, those ponderous protections, 
which owe most of their value in market to the cheapness of tran- 
sportation. Each of these modes of communication has its peculiar 
merit, and is yet susceptible of much improvement. It remains to be 
seen what elevations of surface may be overcome by stationary power, 
as part of the line of a canal, — an improvement deserving more atten- 



VIEWS ON FINANCIAL POLICY. 525 

tion from those conver.«ant with such subjects, than it seems to have 
received. * * * » 

" While canals, peculiarly adapted to the transportation of bulky .ar- 
ticles, may be made in suitable situations, railroads, on account of their 
fitness for rapid transmission, too perate at seasons wlien canals are use- 
less, and perhaps to overcome elevations insurmountable by them, will, 
no doubt, in future times, be extensively distributed throughout the 
state. There are few obstacles in any part of the state, which may m>t 
be overcome by one or the other of these improvements. An enhght- 
ened popular government cannot fail to discover the advantages of 
such works, and is well fitted to prosecute them judiciously. As the 
people contribute the means for their construction, they will not fail to 
discover the proper period for commencing them, and the extent to 
■which they should be carried. The successful experiment which has al- 
ready been made, while it has shed glory upon the state, affords a stim- 
ulus for the prosecution of similar enterprises ; and it ia not surprising, 
that some parts of the state, supposed to be peculiarly adapted by 
nature to receive these helps from art, should exhibit an impatience for 
their immediate commencement. But any disposition that may be mani- 
fested to enter prematurely upon the prosecution of these works, will 
be restrained by the cooler judgment of those parts of the state, 
which are called upon to contribute to the expense, but which partici- 
pate indirectly only in their advantages. 

" In determining upon the expediency of beginning any new work, it 
will be proper to consider its public benefits, its probable returns of 
revenue, and the means of the state. If the state possesses funds for 
the object, without imposing any burdens upon the people, it will be 
sufficient to look at its bearings upon the public prosperity, without 
reference to revenue. If the state should not be in that condition, 
then it is necessary, preliminarily, to ascertain, with considerable ex- 
actness, that it will contribute, in tolls, sufficient to pay for necessary 
repairs, and attendance, the interest of the debt to be created on its ac- 
count, and, within a reasonable time, the principal. If it will not do 
this, then your duty requires you to determine whether the people will 
consent to be taxed to make up the deficiency of its revenue, and if so, 



526 



ENOS T. THROOP. 



to impose such tax, coteniporaneously with the act authorizing its con- 
struction. Acting under a due sense of the importance of these pre- 
cautionary considerations, I do not doubt that your measures will 
satisfy the reasonable desire of the public to continue the march of in- 
ternal improvement. 

" The Erie Canal passes through the centre, uniting the tide-waters 
of the Hudson with Lake Erie, and affords the means of an easy inter- 
change of commodities between the different parts of the state, and an 
opening to our great commercial city, for the trade of the Canadas and 
the states bordering upon the upper lakes. By means of smaller 
works, completed and in progress, we have connected its advantages 
with the navigation of the Ontario, Cbamplain, Onondaga, Cayuga, 
Seneca, and Crooked lakes, and the western branch of the Susque- 
hannah river. Having thus, since the year 1817, opened communica- 
tions between all our cities, and nearly all our interior navigable 
waters, we cannot take to ourselves tlie reproach that the march of in- 
ternal improvement has been slow, or harbor the thought that its fur- 
ther progress is to be arrested. 

" The Erie and Champlain canals were projected with great wisdom, 
and at their commencement an appropriation was made for them from 
the general fund, which has been sufficient, at all times, to pay the in- 
terest of the monies borrowed. The credit of the state was thereby 
80 firmly estabUshed, that for all the later loans, to more than half the 
whole amount, capitalists were induced to pay a premium upon five 
percent, stock. Those canals have drawn from the funds of the state, 
to the amount only of the duties upon salt, and sales at auclion; and 
their successful operation promises, that they will speedily pay their 
debt, provided the constitutional protection of thoir fund is duly re- 
spected. When that period arrives, the revenues from salt and auction 
duties, and tolls of the Erie and Champlain canals, will be under the 
exclusive control of the legislature. How far it will tlien be deemed 
public justice or good policy to reduce the amount of the tolls, or to 
continue them for the purpose of extending our works of internal im- 
provement, will depend entirely itpon the future representatives of the 
people." 



PASSAGE OF THE CANAL BILL. 527 

The friends of the Chenango Canal would be con- 
tent with nothing but the immediate construction of 
the work, and on the 24th of March, 1829, an act was 
finally passed authorizing the canal commissioners to 
proceed wMth the work, provided, however, that an 
adequate supply of water could be obtained without 
taking it from the streams that supplied the Erie Canal ; 
that the cost should not exceed one million of dollars ; 
and that the canal should produce to the state, within 
the first ten years after its construction, an amount of 
tolls equal to the interest on its costs, over and above 
the repairs and expenses. Coupled with these condi- 
tions, the bill harmonized with the views of Governor 
Throop, and he cheeri'ully affixed his signature to the 
bill. 

These conditions were based upon the representa- 
tions of the friends of the Canal bill, but they were not 
entirely satisfactory to them ; and when the canal 
commissioners reported, in January, 1830, that the 
work would require an outlay of more than one million 
of dollars, and that it would not j)roduce an amount of 
tolls, in connection with the increased tolls on the Erie 
canal, equal to the interest of its cost, and the expense 
of repairs and superintendence, or of either of them, 
they no longer relied upon their representations, but 
insisted that the work was a great public benefit, and 
protested against the imposition of any conditions tliat 
should defeat its speedy construction. 

Governor Throop had been solicited, when his name 



528 ENOS T. THROOP. 

was first proposed as a candidate for lieutenant-gov- 
ernor, by his political friends in Broome and Chenango, 
for an expression favorable to the canal project in 
which they were so deeply interested. He refused to 
comply with their request, and for that reason ran be- 
hind Mr. Van Buren more than thirteen hundred votes 
in those two counties. When he became acting gov- 
ernor, and during his second term, he was repeatedly 
urged to forego his opposition to the proposed canal, 
but he firmly resisted all importunities, sometimes un- 
der circumstances that severely tested his fidelity to 
his principles. At every session of the legislature, 
while he held the reins of government, the subject was 
pressed upon the consideration of members with a per- 
tinacity and zeal that appeared to deserve success. In 
1832, a bill at length passed the Senate, but it was lost 
in the Assembly. This, of course, was the last effort 
made during his administration. 

The first annual message of the acting governor was 
delivered to the legislature at the annual session com- 
mencing in January, 1830. It was an able paper, lucid 
in its arrangements, clear in its statements, and credit- 
able to the writer as a statesman and as a man of busi- 
ness. His recommendations were highly valuable and 
important. They were principally confined to mat- 
ters of internal police, and among them was one urg- 
ing upon the legislature, in language that indicated the 
sincerity of his philanthropy and the warmth of his 
benevolence, the importance of making suitable provi- 



THE LUNATIC ASYLUM. 529 

sion for the comfort of the insane poor, whose condi- 
tion at that time, as he well remarked, was calculated 
to excite feelings of horror. Other matters of legisla- 
tion, however, seem to have diverted the attention of 
members from this subject, but he jn-cssed it again and 
again in his annual messages, and it is owing chiefly 
to his urgent recommendations, that the Lunatic 
Asylum, which ranks so high among the noble chari- 
ties of our state, was finally established. 

He also recommended a revision of the criminal 
code of the state, the many defects in which his expe- 
rience on the bench had enabled him to discover. 
With a view to the prevention of crime, he advised 
that the fostering care and patronage of the state 
should continue to be extended, if possible, with greater 
liberality to the common schools and other seminaries 
of learning. In all his subsequent messages this idea 
occupied a prominent place, thus showing how near 
the cause of education, and the consequent improve- 
ment in the character and habits of the rising genera- 
tion, was to his heart. 

His review of the financial condition of the state 
was clear and concise. It appeared, from the message, 
that the general fund had diminished since 1826, from 
about two million six hundred thousand dollars, to a little 
over one million three hundred thousand dollars. This 
fund was originally accumulated during the adminis- 
tration of George Clinton, from the sale of the public 
lands, and it was relied upon, to a greater or less 

23 



34 



530 ENOS T. THROOP. 

extent, to furnish the means to defray the ordinary 
expenses of government without resorting to a direct 
tax. It had been the policy of all the prominent men 
in the bucktail and republican party to keep this fund 
intact, and when the war of 1812 occasioned extra- 
ordinary charges upon the fund, a tax of two mills 
upon every dollar of the valuation of the taxable 
property of the state, was imposed by a law passed in 
1814. As the auction and salt duties were set apart 
and pledged for the payment of the canal debt, this 
tax was continued after the construction of the Erie 
and Champlain canals was commenced, but it was 
reduced in 1818 to one mill. In 1824 a further re- 
duction was made of half a mill, and in 1827 the tax 
was entirely removed, against the remonstrances, 
however, of Comptroller Marcy, and other leading 
members of the canal board. Governor Throop re- 
commended, therefore, that a direct tax should be 
imposed for the restoration and preservation of the 
capital of the general fund, or, in default of that, that 
some other means to that end should be devised. 

He recommended no additional improvements by 
roads or canals ; but in connection with the subject 
of the extension of the public works, he referred to 
the contemplated distribution of the surplus revenue 
among the states, which General Jackson had re- 
commended, and against which he thought there was 
no valid objection, unless it might be of a constitu- 
tional character, that could be removed by amend- 



L=. 



FIRST ANNUAL MESSAGE. 

ment; and from this source, in his opinion, a consid- 
erable augmentation ot" the tunds of the state, applica- 
ble to objects of internal improvement, might be 
reasonably anticipated. 

It had long been a matter of reproach to the legis- 
lation of New York, that it was influenced by out 
of door interests, by seliish and designing men, who 
hovered like cormorants about the capitol, bargaining 
for grants and chart lis, and monopolies and special 
favors of every kind and character. Governor Throop 
had nothing in his nature that sympathized with in- 
triguers. He had a great, almost an instinctive dread 
of the old lobby corps ; he touched them pretty sharply 
at the close of his first message, and it would seem 
that he never lo-;t sight of them, while he remained 
in office, except as they kept out of his way. 

Antimasonry became an important element in the 
politics of New York. Notwithstanding the efforts 
made by the antimasons and by the authorities of the 
state, to penetrate the mystery, the actual murderers 
of William Morgan were never discovered. The laws 
of the state, previously in force, had provided no 
adequate punishment for the offence of kidnapping a 
white person, and consequently those who were con- 
cerned in the abduction, and convicted of the con- 
spiracy charged against them, were but slightly pun- 
ished. This did not satisfy the antimasons. The 
excitement was intense, and it required something on 
which to spend its energies. Almost all the lodges 



5@2 ENOS T. THROOP. 

in the state surrendered their charters, but the anti- 
masons were not yet content. They desired to blot 
out the name of masonry from under heaven, and to 
avenge the murdered Morgan. At first they indig- 
nantly disclaimed the idea of seeking to secure polit- 
ical power, but as they could only effect the com- 
plete overthrow of the masonic institution, as they 
thought, by means of legislation, they were ultimately 
forced, from a sort of necessity, to enter the arena of 
party strife. Every year witnessed them growing 
stronger and stronger. The national republicans, as 
the political friends of Mr. Adams and Mr. Clay were 
called, kept aloof from them for several years, but 
they were finally swallowed up, and the new organ- 
ization, formed by the union of their forces in 1832, 
became the whig party of the state. 

The Chenango Canal interest early took the field, 
to prevent the nomination of Mr. Throop for the office 
of governor in 1830. Their favorite was Erastus 
Root, who long occupied a prominent place in the 
politics of the state. The Herkimer convention 
assembled on the 8th of September, and Mr. Throop 
received ninety-three votes on the first ballot to thirty 
given for Mr. Root. The delegates from the Che- 
nango Canal seemed at once inclined to continue their 
opposition to Mr. Throop after the nomination had 
been made, but they finally assented to the customary 
resolution declaring it unanimous. Edward P. Liv- 



A CANDIDATE FOR GOVERNOR. 533 

ingston, of Columbia county, was nominated on the 
democratic ticket for lieutenant-governor. 

Francis Granger, of Ontario county, and Samuel 
Stevens, of New York, were put in nomination by the 
antimasons, for governor and lieutenant-governor. 
They were also supported by the great majority of the 
national republicans. During the winter previous,- a 
new party, whose members called themselves " work- 
ingmen," had been formed. It originated with the 
master builders in the city of New York, who desired 
to have a law passed, such as was subsequently en- 
acted, giving them a lien for work and materials per- 
formed or furnished in the construction of buildings ; 
but it was eventually composed of free thinkers on 
political and religious subjects, belonging to all classes 
and occupations. General Root was nominated for 
governor, at a convention of the workingmen held in 
the month of April, but after the Herkimer nomina- 
tions had been made, he declined being any longer 
considered a candidate. A small portion of the work- 
ingmen, who were probably influenced by the adhering 
masons in the national republican party, then nomi- 
nated Ezekiel Williams, of Cayuga county, in the 
place of General Root. 

Mr. Granger was the favorite of the national re- 
publicans, and the champion, too, of antimasonry, the 
Chenango Canal, and other local projects of internal 
improvement. Consequently he received a strong 
vote in the sixth senatorial district, and in the western 



ENOS T. THROOP. 

part of the state, where the coalition between the 
national republicans and antimasons was nearly con^- 
plete at this election. During the summer Governor 
Throop had visited the Chenango valley, upon the 
invitation of his political friends residing in that sec- 
tion, and was again urgently entreated to pledge him- 
self favorably to the proposed canal. It was natural 
that he should be quite desirous of securing his elec- 
tion, because it would seem to be an endorsement of 
his course as acting governor, but he again refused, 
and the consequences of his impracticability on this 
question, so honorable as it v/as to his character for 
consistency and integrity, were witnessed in the result 
of the election. There were upwards of two hundred 
and fifty thousand votes cast for governor. In the 
western part of the state, and in the Chenango valley, 
the canvass was unusually spirited. In these sec- 
tions large majorities were given for Mr. Granger, his 
competitor falling behind his ticket in Broome and 
Chenango more than fifteen hundred votes. But in 
the eastern counties, many of the national republicans 
who were masons, did not vote at all for governor, 
and a few of them supported the democratic candi- 
date ; yet Mr. Hammond is clearly in the wrong, in 
supposing that the masons in the river counties gave 
Mr. Throop the election.* That this inference was 
hastily drawn, a few facts will show. Mr. Throop 
wa« elected by a majority of 8,594 over Mr. Granger, 

* Political History, vol. ii. p. 336. 



ABOLITION OF IMPRISONMENT FOR DEBT. 535 

while the average democratic majority on the sena- 
torial ticket was only 5,918, and on the congressional 
ticket 5,575. His majority, doubtless, was increased 
by the votes of some of the masons in the national 
republican ranks, but had they supported Mr. Granger 
the result would not have been different. 

Mr. Throop took the constitutional oath of office as 
governor of the state, on the 1st day of January, 1831, 
and in his annual message to the legislature, which 
soon after assembled, he repeated the same sentiments 
that he had previously advanced, in relation to the gen- 
eral fund, the prosecution of the public works, and the 
distribution of the surplus revenue. His views on 
these subjects were expressed at great length, and 
with decided ability, as the extracts from the message, 
heretofore given, will abundantly testify. Among his 
recommendations on this occasion, was the abolition 
of imprisonment for debt, — an important reform in 
the civil code, as well as an act of justice, which the 
legislature, to his and their honor, wisely adopted at 
this session. 

Surrounded by the able counsellors and advisers 
who filled the state offices, and sustained by major- 
ities in both branches of the legislature, the second 
term, as it may be called, of Governor Throop passed 
away, uncheckered by any incidents of particular im- 
portance. The friends of the lateral canals, and of 
local projects of expenditure, found that he could not 
be moved from his position, and special legislation 



536 .. -; ENOS T. THROOP, 

received no favor at his hands. His message at the 
commencement of the legislative session, in the winter 
of 1832, repeated the views of former years in regard 
to the financial policy of the state. " Whatever," 
said he, " may be thought of the fitness of borrowing 
money on the credit of the government, for its de- 
fence, or to prosecute great enterprises for the durable 
benefit of the country, no person can question the in- 
justice of transmitting to those who come after us the 
burden of a heavy debt. No public debt should be 
created, but with ample provisions for its liquidation 
within a reasonable time. It has never yet been de- 
termined by the representatives of a free people, what 
extent of moral obligation rests upon them to provide 
for the discharge of a debt forwarded on for payment, 
by their predecessors in power." 

The idea advanced in this extract, or one very 
similar, suggested itself to Mr. Jefferson, who doubted 
very much the obligation of one generation to pay the 
debts of its predecessor, especially when they had been 
unwisely incurred ; and the French have a maxim, 
also, which admonishes the statesman, to "le2;islate 
for posterity." But Governor Throop was the first 
public officer in this country to give the sentiment an 
official endorsement ; and as expressed by him, it was 
warmly approved by the leading newspapers of the 
republican party, in Washington and other sections 
of the union, as well as in the state of New York. 
It was, indeed, one of the dearest principles of his 



DECLINES A RK -NOMINATION. 537 

political creed, and it influenced him in all his public 
conduct, and in every expression of his views upon the 
subject of borrowing money. And in connection with 
this question, it may be justly said of him, that he 
never lost sight of the danger to which the state was 
exposed from the " alliance," as he termed it in the 
same message, "of private interest with legislation." 

When Governor Throop first consented to become 
a candidate for the office of lieutenant-governor, he 
determined to retire when it became evident that his 
further continuance in office would produce discord. 
Recognizing fully his obligations to his party, he never 
felt that this could be considered a questionable sacrifice 
of personal feelings. The wrangling and contention, 
the jarring and discord of political controversies, did 
not harmonize at all with his nature. The strife of 
politicians for the ascendency seemed to him like the 
struggling of persons in a crowd ; some were rudely 
pushed aside, others trampled under foot, and the few 
who were successful did not escape without injury. 
In such scenes he had no desire to participate, and a 
life of quiet and retirement was alone congenial to his 
spirit. 

In the winter of 1832, it was evident that the time 
had arrived for carrying his resolution into effect. 
The opposition to his nomination in 1830, and the 
tone of feeling manifested in the political circles of 
the capital, admonished him that the interests of his 
party would be best subserved by his giving place to 
23* 



538 ENOS T. THROOP. 

some other candidate for popular favor. Beside the 
Chenango Canal interest, he had incurred the hostility 
of General Root, by refusing to nominate him for the 
office of bank commissioner in 1829, and as the ques- 
tion of the recharter of the United States Bank, to 
which he was friendly, was now agitated, it was prob- 
able that he would lead off from the party a great 
number who were dissatisfied merely with the policy 
of the state government. He was also the object of 
the dislike of the late Samuel Young, and his friends, 
John Cramer and Melancton Wheeler, all of whom 
opposed his nomination in 1830. Colonel Young was 
an honest politician, and a man of rare integrity ; but 
his views were quite ultra upon almost all questions, and 
his prejudices were unusually strong. His opinions 
upon financial questions, and in regard to special legis- 
lation, coincided very nearly with those of Governor 
Throop ; but he was rather too fond of having his 
own way in everything, and being susceptible of 
flattery, was made the champion and leader of artful 
men who had selfish and private interests to sub- 
serve. 

Early in the winter session of 1832, Governor 
Throop signified his intention not to be a candidate 
for the reelection, and his determination was announced 
in the Albany Argus. All the democratic newspapers 
in the state, with a single exception, — the New York 
Courier and Enquirer, which had previously attacked 
him, and soon after went over to the opposition, — 



rrrrrrrr;. 



THE ASIATIC CHOLERA. 539 

expressed their deep regret at his decision. In some 
cases, probably, this was feigned, but with a majority 
it was real ; and there must have been very few who 
appreciated, that did not respect, his ifiotives. 

During the summer of 1832 the state was visited by 
that awful scourge, the Asiatic Cholera. Governor 
Throop had left Albany with his family, a short time 
previous to its first appearance, for the purpose of 
spending a few weeks at Owasco. An extra session 
of the legislature had been held, at which laws were 
enacted to prevent the spread of the pestilence, and 
making a new division of the state into congressional 
districts, under the census of 1830. When it was an- 
nounced that the cholera had really made its appear- 
ance within the borders of the state, the governor has- 
tened his return to the capital, in order to take such 
measures as the emergency required. He remained 
there, in the midst of the disease, giving advice, and 
extending his aid and assistance, till the danger had 
passed. In the prison at Sing Sing the disease raged 
with unwonted violence, but this did not deter him 
from visiting it, in order to see how the ravages of the 
pestilence might be stayed. 

With the last day of December, 1832, the administra- 
tion of Governor Throop finally terminated. Its char- 
acter may be inferred from the facts which have been 
detailed. Considering that he was obliged to stem the 
tide of antimasonry at its commencement, and how 
many difficulties and embarrassments he encountered, 



540 ENOS T. THROOP. 

it may with justice be said, that it was alike honor- 
able to him and the state. He discliarged all the 
duties of the office with ability. He left the state 
and its finances prosperous, and his party firmly in the 
ascendant. 

While filling the office of governor, he was not in- 
different to national politics, but supported the admin- 
istration of General Jackson, in the contest with the 
United States Bank, and in its measures and policy 
in other particulars, with all iiis ability and influence. 

Had he consulted his own inclinations, he would 
now gladly have retired to the repose of private life, 
but his pecuniary circumstances were not such as to 
enable him to live upon the honors of the position he 
had occupied. He accepted, therefore, the appoint- 
ment of naval officer at the port of New York, confer- 
red upon him by President Jackson, probably at the 
instance of Mr. Van Buren, in the winter of 1833, to 
fill the vacancy occasioned by the death of John Fer- 
guson. This office was a highly honorable one, and 
had been previously held by Colonel Benjamin Walker, 
a meritorious officer in the war of the Revolution, and 
by Samuel Osgood, postmaster-general under Wash- 
ington. 

In 1834, Mr. Throop lost his wife, as has been stated, 
and this circumstance induced him to remain longer in 
public life than he had before intended. He continued 
to hold the appointment of naval officer till 1838, when 
he was appointed by Mr. Van Buren charge d'affaires 



AGRICULTURAL I'URSUITS. 541 

to the kinfrdom of the Two Sicihes. Ho remained 
abroad, faithfully and creditably performing the duties 
of his mission, till the election of General Harrison to 
the presidency, when he returned home and took a 
final leave of public cares and anxieties. Amid the 
peaceful shades of Willow Brook, and in the active 
pursuits of an agricultural life, he at length found that 
relaxation and enjoyment which seemed best adapted 
te secure the happiness and contentment of his declin- 
ing years. 

Having still left a considerable stock of unexpended 
energy, and being passionately fond of a country life, 
and of conducting improvements in the wilderness, he 
has for several years past been actively engaged in im- 
proving a large farm which he had purchased, lying 
four miles below Kalamazoo, upon the banks of the 
Kalamazoo river in the state of Michigan. When he 
first commenced his improvements, an almost unbroken 
forest lay before him, but he has now more than two 
hundred acres of land under cultivation ; his farm, 
which he calls Spring Brook, from a pretty little stream 
that intersects it, is well stocked ; and in every part 
bears witness, in its useful as well as its ornamental 
features, to the taste and industry of its proprietor. 

It was not his intention to change his residence from 
New York, though he had disposed of his property on 
the Owasco Lake, to his nephew, by improving his 
farm in Michigan. It has amounted to that however, 
for the present ; yet he still expects, and his many 



ENDS T. THROOP. 

friends trust that the expectation may be realized, to 
end his days, where so many happy years have been 
spent, at his old iiome of Willow Brook. 

Such is the retirement of one of the governors of 
New York. Starting in life without adventitious aid, 
self-reliant, enterprising and persevering, he achieved 
for himself an honorable fortune. Force of character 
and energy of purpose enabled him to triumph over 
every obstacle that impeded his pathway to distinc- 
tion. Integrity without spot or guile, was the polar 
star that guided his footsteps. He has filled, in every 
instance with credit, several of the most important 
offices in the state and under the general government, 
and now, as he approaches the close of his well-spent 
life, he presents an example to the young men of New 
York worthy of imitation and full of encouragement. 

Had it not been for the ungenerous and unjust as- 
persions of Mr. Hammond, it might be unnecessary to 
refer more particularly to the character and abilities of 
Governor Throop. It is very probable that the former 
may have been actuated by the best of motives, in 
preparing his Political History, but the friends of Gov- 
ernor Throop have good reason to complain of the in- 
justice done him, which has been relieved, but not en- 
tirely removed, in the revised edition. Whether this 
injustice was intentional or otherwise, Mr. Hammond 
was not the most proper person in the state to write 
Mr. Throop's history ; yet, in setting the latter right 
before the public, it is not designed to arraign the for- 



HIS CHARACTER. 54S 

mer. They entered Congress together in 1815, and 
at the outset took different sides upon questions of pub- 
lic policy. The one was a warm personal adherent 
of De Witt Clinton, and the other a political opponent. 
During the administration of Governor Throop, Mr. 
Hammond resided in Albany ; he was one of the most 
active members of the opposition party, and in 1830 
was their candidate for senator in the third senatorial 
district. Subsequently, they never came in contact, 
and all the recollections of Mr. Hammond may natu- 
rally have been associated with his early prejudices. 

The charge made by Mr. Hammond that Governor 
Throop was blindly devoted to his party,* is suffi- 
ciently refuted by his opposition to the nomination and 
election of De Witt Clinton, as a candidate for the pres- 
idency, in 1812, and by his entire course as governor 
of the state. So, too, with the assertion that he was 
not at all popular with the people of the statef — it 
may be dismissed in a word. The very best evidence 
of the popularity of Governor Throop is afforded by his 
election in 1830, in spite of untoward circumstances, 
and the opposition of leading members of the party, 
by a larger majority than that given to the other can- 
didates on the democratic ticket. 

It seems to have been the chief object of Mr. Ham- 
mond to find fault with the style of Governor Throop 
as a writer. His criticisms, of course, are mere mat- 

* Political History, vol. ii. p. 318. 
f Ibid. pp. S35, 39G, 116, et aL 



544 ENOS T. THROOP. 

ters of judgment and taste ; but it may be said of the 
literary efforts of the governor, that they will compare 
most favorably with the clumsy and ill-constructed 
sentences of his reviewer. A still graver charge, how- 
ever, has been made by Mr. Hammond, which should 
not be lightly passed over. He repeatedly intimates 
in his history, that Governor Throop was not the 
author of his own messages.* This intimation is not 
only ungenerous, but it is utterly without foundation. 
" No executive," says one whose statements cannot be 
questioned, in a letter to the author, "has received less 
aid in the composition or suggestions of his messages, 
or in the discharge of the duties and acts of his admin- 
istration, than Governor Throop. Endowed with a 
clear and well-balanced mind, with fair attainments as 
a scholar and writer, a right and reflective, though not 
in the extreme sense of the word, a vigorous thinker, 
he gave to every question which demanded his consid- 
eration, or called for action on his part, comprehen- 
sive and full examination, and was literally the author 
of his own state papers." 

The style of Governor Throop is not always strictly 
accurate, but it is generally clear, direct, and perspicu- 
ous. His messages received hi2;h commendation from 
the most prominent papers of both political parties in 
the state and nation, and they were characterized by 
leading English journals as " able documents." 

He is not a man of showy parts, nor can he lay 

* Political History, vol. ii. pp. 321, 345, 406. 



•:?, 



APPEARANCE AND HABITS. 545 

claim to the possession of brilliant genius. His talents 
are of a practical character. To a well-balanced mind 
and sound judgment, he unites those somewhat old-fash- 
ioned, but sterling qualities, of moderation, prudence, 
firmness, and independence. The honest integrity of 
his character, in public and private life, is its chief 
ornament. 

It may be* that he has accustomed himself to look 
too much upon the dark side of human nature, and, 
adopting the philosophy of Helvetius, is disposed to re- 
fer every action to self-interest ; but there is a deep 
well-spring of kindness and benevolence in his heart. 
His manners appear somewhat harsh, especially on a 
first acquaintance, and he is not well calculated to win 
upon a stranger ; yet these unprepossessing features in 
his character are underlayed with generous impulses 
and emotions. 

In person he is tall, .slender, erect ; his eyes are light ; 
and his hair, once sandy, is now frosted by the touch 
of time. The expression of his countenance is 
marked, and indicative of the perseverance, energy, 
and decision, that have ever characterized him. His 
habits are simple and temperate ; and as he still pos- 
sesses great activity of person, and enjoys remarkable 
health, it is not improbable that his life may be pro- 
longed for many years beyond the ordinary allotment 
of immortality. 



35 



WILLIAM L. MARCY. 

All the governors of the state, prior to the subject 
of this sketch, were, as we have seen, New Yorkers 
by birth ; but Governor Marcy was not " to the manor 
born." Descended from a Puritan stock, — a native, 
too, of New England, — had it not been for the soften- 
ing down of the asperities, and the removal of the pre- 
judices of olden times, we might well have wondered 
to see him elevated to the chief magistracy of a people 
who still revere the memories of Minuit, and Kieft, 
and Stuyvesant. But those stern old Puritans, those 
men of iron hearts and iron wills, have left their im- 
press all over this western continent ; and there is 
scarcely a state in the American Confederacy, from 
the venerable commonwealth who first gave them a 
shelter and a home — bleak it may have been, and in- 
hospitable, yet still a home — to the young bride of the 
Pacific, now pouring her golden dowry into our coflers, 
where their thrift, their activity and enterprise, their 
regard for religion, and their love of order and law, 
are not felt at this day, in its civil and social system, 
and in the character and habits of its citizens. Those 
wise legislators, like the Jewish leader and lawgiver, 







ly ^ „ 1 . jii A IE x; T. 

.]//i//i O'nrnu/- r/ Arirlrr/-. 



ldh'l-.M,rh<'lin j/!Xas,„ 



HIS ANCESTORS. 547 

" struck the rock in the wilderness, so that the waters 
of liberty gushed forth in copious and perennial foun- 
tains," which have refreshed and fertilized the soil, till 
it has yielded a rich harvest of free institutions. 

In the year 1729, a company of persons, mostly 
residents of Medfield and the adjoining towns, in the 
colony of Massachusetts, who were either themselves 
destitute of homes, and not able to purchase them in 
the older towns, or w ho desired to settle their children 
ill life, petitioned the General Court for a grant of a 
tract of land in Worcester county, lying between Ox- 
ford, Brookfield, Brimfield, and the Province line, then 
called Dumer, which they designed to form into a new 
township. Poverty alone, it would seem, induced them 
to select this tract, since the land was so poor, that the 
Council for a lorig time refused to grant their request, 
from no other motive except that of kindness. But 
the petitioners, in reply to this objection, declared, 
that, although there was much poor land there, there 
was also considerable good land, and, in their humble 
opinion, a sufficiency to enable them, " by the blessing 
of God, in concurrence with diligence and industry, to 
support the ordinary charges of a township."* 

The grant was finally made, in September, 1729, and 
the petitioners, or proprietors, with others who joined 
them, immediately entered on the work of settlement. 
The name of New Medfield was substituted for that of 
Dumer, and the dark forest soon fell beneath the axes 
* Clark's Historical Sketch of Sturbridge, p. 4, 



548 WILLIAM L, MARCY. 

of these sturdy pioneers. Trials and difficulties, hard- 
ships and privations, were encountered without a mur- 
mur ; industry and perseverance speedily changed the 
face of the wilderness ; and the abodes of a happy and 
contented people sprung up where the wild fox had his 
haunt, and the panther made his lair. Such was the 
progress of the new settlement, that at the expiration 
of seven years it contained fifty families, and in 1738, 
it was incorporated as a town, under the name of Stur- 
bridge. 

Year after year passed away ; one generation fol- 
lowed another to the tomb ; but time in its progress 
annually marked new changes and new improvements ; 
and now, after the lapse of a century, there are few 
traces of that grim poverty that frowned upon the 
early settlers of Sturbridge. The picturesque shores 
of the Quinnebaug are lined with mills and factories ; 
the habitations of plenty and contentment smile upon 
the hillside and in the valley ; turnpikes and rail- 
roads have taken the place of the forest paths of the 
backwoodsman ; and where the solitude of the desert 
once reigned undisturbed by the voice or the step of 
the white man, the flaming car hurries along its living 
freight, while, beside it, the pulsations of the magnetic 
telegraph remind the classic scholar of the winged 
words of the Grecian poet. 

Among the first settlers of Sturbridge, though not 

\ one of the original petitioners for the grant, was Moses 

Marcy. He was of English descent, and was born in 



HIS MARRIAGE. M9 

Woodstock, Connecticut, where he married, in 1723, 
a Miss Prudence Morris. His position at this time, 
though honorable, was so humble, that her parents 
were much opposed to the match ; but he wooed and 
won her, in spite of all obstacles ; and, in 1732, they 
removed to New Medfield, afterward Sturbridge, with 
a family of five children, subsequently increased to 
eleven. He appears to have been as enterprising in 
business as in love ; and in the act of incorporation 
of Sturbridge, he is styled " one of the principal inhab- 
itants." He built the first grist mill in the town,* 
became a colonel of militia, and held a number of 
important town offices; so that instead of being merely 
"one of the principal inhabitants," he was, says Mr. 
Clark, "in the opinion of his fellow-townsmen, the 
principal one. He was the first citizen who received 
the appointment of justice of the peace, and was the 
first representative which the town sent to the Gen- 
eral Court. He held the office of moderator in seventy 
town-meetings, having been called to the chair at every 
annual meeting, and at most of the intervening ones, 
for twenty-four successive years. He was on the board 

♦ Before Marcy's Mills were built, the people of Sturbridge probably 
bad their milling done at Brimfield, Brookfield, Oxford, or in Connecti- 
cut. " Perhaps, however," says Mr. Clark, (Historical Sketch, p. 7,) 
" they had no occasion to go" to mill ; " for it is reported by some of 
the oldest of their descendants now living, that their principal diet at 
first was boiled beans. These they usually prepared on the evening 
of one day in sufficient quantities for the breakfast and dinner of the 
oezt." 



550 WILLIAlrf L. MARCY. 

of selectmen thirty-one years, town clerk eighteen, 
arid town treasurer eight, — not unfrequently filling all 
these offices at once. During the old French war, h6 
repeatedly fitted out soldiers for the army on his own 
responsibility, and from his own private resources, fof 
which he was afterward remunerated by the town. 
He died, October 9, 1779, at the age of seventy- twoi 
leaving an honorable name, a large estate, and a 
numerous posterity."* 

The early inhabitants of Sturbridge were plain, 
practical menf — staunch whigs, and true democrats. 
Although they instructed their representative, (Moses 
Marcy,) in 1765, to use his utmost endeavors, "con- 
sistent with loyalty," to procure the repeal of the stamp 
act, they also instructed their delegate to the Provincial 
Congress, held at Watertown, in 1775, that they de- 
sired to have an independent government established 
at once, in case the petition, or address, to the king, 
should be rejected. After the declaration of indepen- 
dence was promulgated, they assembled in town-meet- 
ing, and solemnly " engaged to support it with their lives 
and fortunes." During the Revolution, almost every 
other business seems to have been entirely laid aside in 

* Clark's Sketch, p. 8, (note.) 

f With all their plainness and simplicity, they very well undersliocd 
T^rhat Were the rights of freemen ; and when the question of the forma- 
iiati 01 a state constitution was agitated, and it was proposed to autlio- 
rize the representatives to frame such an one as they judged best, they 
objected to having any set of men ratify a coJistitatioo fw tbem, befitfe 
they knew what it was. 



BIB,TH AND EDUCATION. §51 

the town, and after the war was ended, " the citizens had 
the air of soldiers, and seemed to delight in transacting 
their civil affairs, as far as possible, in a soldier-like 
way."* 

Colonel Marcy was too far advanced in life to take 
part in the active scenes of the revolutionary strugglej 
but his counsel and advice were never withheld, and 
his sons and grandsons represented him well and 
bravely, on the battle fields of liberty. 

Jedediah, one of the grandsons of Colonel Moses 
Marcy, was the father of the governor of New York. 
He married Ruth Learned, a descendant of one of 
the first proprietors of Sturbridge, and, like his own 
father and grandfather, was a farmer by occupation. 
He was a respectable citizen, and was highly esteemed 
by his fellow-townsmen. He commanded a militia 
company shortly after the close of the Revolution, 
held several town offices, and was prominent in every 
good and useful work designed to advance the spiritual 
or temporal interests of those around him. 

William L. Marcy, the son of Jedediah Marcy 
and Ruth Learned, was born in Sturbridge, — in that 
portion which is now Southbridge, — in Worcester 
county, Massachusetts, on the 12th day of December, 
1786. His father was in comfortable, but not affluent 
circumstances ; yet he was able to send his son forth 
into the world with all the advantages of a liberal 
education, and these, to one who knew how to wield 
* Clark's Sketch, pp. 22, 23. 



552 WILLIAM L. MARCY. 

the power of knowledge aright, were fortune enough. 
In his boyhood WiHiam exhibited indications of the 
possession of more than ordinary talent and capacity, 
and after going through with the studies taught in the 
common schools of his native town, he was sent to 
the Leicester Academy. 

This, it will be remembered, was the period of the 
bitter struggle between the federaUsts and republicans, 
— when passions and prejudices were aroused, that 
only spent their force with the lives of those who 
cherished them, — when society in all its aspects, in 
its business, its charities, its duties and its affections, 
felt the blighting effects of those partisan feelings 
enkindled in political conflicts, — and when denun- 
ciations and anathemas were hurled, without stint 
or favor, from the pulpits of New England, against 
the name and character of Thomas Jefferson. The 
preceptor of the academy at Leicester, Mr. Adams, 
notwithstanding his many good qualities, was what 
may be called a bigoted federalist — honest and well- 
meaning, no doubt, but nevertheless bigoted. In the 
institution of which he was the preceptor, a juvenile 
literary and social society had been formed, which 
took its tone and bias from his party prejudices. 
Young Marcy was a good and apt scholar, but he 
belonged to a republican family, and, for a lad, was 
prominent in the advocacy of the principles which 
he had early imbibed. In consequence of his opinions 
upon political questions, he was excluded from the 



STUDIES LAW. 553 

society before mentioned ; but this act of injustice 
only confirmed his youthful predilections, and he de- 
fended his views and sentiments with greater zeal and 
earnestness. Thus presenting, in his own life, an 
example of proscription, it will not seem strange that 
he should have repelled the charge, as he afterward 
did in the Senate of the United States, that his polit- 
ical friends were the first to introduce it in the party 
contests of the countrv. 

Having completed his academic course, he entered 
Brown University, at Providence, in the state of 
Rhode Island. His college career was marked by 
no incidents of peculiar interest. It was, indeed, an 
important epoch in his life, as it always is with every 
young man whose intellectual character is formed by 
the moulding hand of Alma Mater. He was a care- 
ful and diligent scholar, and attentive to every exer- 
cise of the University. Correct in all his studies, in 
the classics he particularly excelled. While in col- 
lege, also, he devoted much of his time to miscel- 
laneous reading, and to the cultivation of his naturally 
fine and appreciable literary taste ; and here he learn- 
ed to form those well-turned periods, for which the 
productions of his pen are distinguished. 

In 1808 he graduated with high honor, and shortly 
thereafter took up his residence in the city of Troy, 
in the state of New York, where he studied law and 
commenced its practice. During his clerkship he took 
a part, not altogether unimportant, in the political 

24 



964 WILLIAM L. MARCY. 

discussions that grew out of the foreign policy of 
Jefferson and Madison. Approving heartily of the 
principles and measures which they advocated and 
recommended, he defended their administrations with 
a zeal and ability that attracted the notice of the 
public. He was not long either in rising to distinc- 
tion in his profession, and friends and clients rapidly 
gathered round him. " He came here," says a Troy 
newspaper, " from Massachusetts, with nothing to aid 
him but his talents and integrity. They wei'e of the 
brightest character, and soon introduced him upon the 
theatre of public life. In every station he performed 
the duties assigned him to the public approbation. 
His private character was a model worthy of general 
imitation. Charitable and obliging, he soon won the 
esteem of all who knew him. He was successful in 
his business, and none who were needy and deserving 
ever asked his aid in vain." 

He had just entered upon the active duties of his 
profession, when war was declared against Great 
Britain. Possessing the disposition to serve his coun- 
try, however humble might be the station assigned 
\ him, he tendered his services to Governor Tompkins, 
together with the other members of a light infantry 
company belonging to the city of Troy, in which he 
held the rank of a lieutenant. This company was 
among the first dispatched to the northern frontier, 
and was stationed at French Mills, now Fort Cov- 
ington. 



zirzz-^ 



SERVICEa IN THB WAR WITH GREAT BRITAIN. 555 

On the night of the 22d of October, 1813, Lieutenant 
Marcy accompanied a detachment under the com- 
mand of Major Young, whose object it was to capture 
a company of Canadian militia posted at St. Regis. 
The attack was successful, and the whole force of the 
enemy were taken prisoners. The latter occupied a 
house built of heavy square timber, but though they 
were advantageously situated for defence, made only 
a feeble resistance. Lieutenant Marcy approached 
the house with a file of men, broke open the door 
himself at the hazard of his life, and after the garrison 
surrendered, took from each man his arms. These 
were the first prisoners taken on land during the war.* 
Among the spoils of the expedition was the flag of 
the British company, which was, also, the first standard 
taken on land. This flag was afterward presented 
fo Governor Tompkins, and is still preserved among 
the honored trophies of the war of 1812. 

Immediately after this aff'air. Lieutenant Marcy, 
with his company, joined the main army under Gen- 
eral Dearborn, which moved from Plattsburg toward 
Canada, and finally took post at Champlain. He was 
with Colonel Pike and his regiment in the unfortunate 
night expedition, in the month of November, against 
the British encampment on Le Colle river. When 
New York was threatened by the enemy, in the fall 

* General Cass had captured some prisoners in Michigan, previous 
to this affair, but they were recaptured, which was not the case wath 
tfaose taken by Lieutenant Marcy. 



566 WILLIAM L. MARCY. 

of 1814, Lieutenant Marcy volunteered with his com- 
pany for another tour of duty, and was stationed in 
that city till the close of the campaign. 

As he was friendly to the administration of Presi- 
dent Madison, so, also, he was among the most active 
supporters of Governor Tompkins; and during the 
war he first brought himself into general notice, by a 
series of articles which he wrote, and published in the 
Albany Argus, over the signature of " Vindex," in 
justification of the war, and in defence of the measures 
of Governor Tompkins. These articles were char- 
acterized by great research, by unusual force of argu- 
ment and logical power, and were attributed to several 
of the ablest writers in the republican party in the 
state, and, among others, to General Armstrong, the 
secretary of war. The ability as a writer which he 
had thus manifested, led to his appointment as recorder 
of the city of Troy, which office he held for several 
years, and in connection with the emoluments of his 
profession, enabled him to support the family now 
growing up around him. 

He had early formed an acquaintance, which speed- 
ily ripened into intimacy, with Mr. Van Buren, and 
like him reluctantly voted for De Witt Clinton, as the 
regular candidate of the republican party for the office 
of governor, at the April election in 1817. He was 
among the first, too, to express his dissatisfaction with 
the administration of Governor Clinton ; and, on ac- 
count of the freedom with which he made known his 



RECORDER OF TROY. 557 

sentiments and his friendship for Mr. Van Buren, he 
was threatened with removal from the office of re- 
corder, in the winter of 1818. At the annual election 
in the spring of that year, the republican county con- 
vention of Rensselaer put in nomination a ticket com- 
posed of Clintonians. Mr. Marcy, partly by means of 
his official position, but mainly through his talents, had 
already acquired considerable influence, and he had 
placed himself at the head of the Bucktail faction in 
his county. Under his lead, therefore, the Buckiails 
of Rensselaer put a new set of candidates in nomina- 
tion, and supported them in opposition to the regular 
ticket. Although Governor Clinton was notorious for 
his encouragement of irregular nominations, and not- 
withstanding his warm personal and political friend, 
Obadiah German, was elected to the legislature, at the 
same election, in opposition to the regular Bucktail 
candidate, the course of Mr. Marcy furnished what was 
thought to be a reasonable pretext for his removal, and 
in the month of June, 1818, the office was taken from 
him and bestowed upon one of the friends of the gov- 
ernor. 

He was now left to depend upon the practice of his 
profession for a livelihood. But the temptations of a 
political life are not easily withstood by one who has 
experienced their seductive influence ; its hopes and 
its struggles, its disappointments and its successes, its 
triumphs and its defeats, each and all have attractions 
which it is difficult to resist. Mr. Marcy had imbibed 



WILLIAM L. MARCT. 



a fondness for politics, of whicli he could not divest 
himself, and for this reason, as well as because of his 
sincere conviction, that the welfare of the state and 
nation materially depended upon the success of the 
party to which he belonged, he continued to take as 
deep an interest as ever in the political contests of the 
day. He was one of the most efficient supporters of 
Mr. Van Buren in his efforts to reorganize the repub- 
lican party by the exclusion of the Clintonians, in 
1819-20, and was at this time placed by common con- 
sent among its leading members. Though no longer 
in office, his talents were often put in requisition by 
his political friends. In the spring of 1819 he drew up 
the address of the Bucktail members of the legislature, 
justifying and explaining their course in refusing to co- 
operate with the Clintonians, and in the following au- 
tumn he aided Mr. Van Buren in preparing the pamph- 
let entitled "Considerations in favor of the appoint- 
ment of Rufus King to the Senate of the United 
States." 

At the April election, in 1820, he supported Gov- 
ernor Tompkins, in opposition to Mr. Clinton. His 
candidate was defeated, but the Bucktails, or republi- 
cans, as they may justly be called, elected a majority 
of the members of assembly. At the extra session of 
the legislature, in November, 1820, a new council of 
appointment was chosen, composed entirely of repub- 
licans, by whom, in the month of January, 1821, Mr. 
Marcy was appointed to the office of Adjutant General. 



APPOINTED COMPTROLLER. 559 

In this position, of course, he had no opportunity to 
distinguish himself. The duties which devolved upon 
him, were wholly of a ministerial character, but they 
were performed with promptitude and dispatch, and he 
introduced many important reforms calculated to in- 
crease the usefulness of the department confided to his 
charge. 

In the efforts to procure the passage of a bill author- 
izing a convention to be held to revise the constitu- 
tion, he was both prominent and active ; and when the 
constitution of 1821 had been ratified by the people, 
and John Savage, the comptroller of the state, had 
been appointed Chief Justice of the new Supreme 
Court, he was chosen by the legislature, in February, 
1823, to fill the vacant office. In the caucus of the 
republican members his nomination was warmly op- 
posed by Samuel Young, John Cramer, and others, who 
had brought forward James Tallmadire, then a leading 
republican in Dutchess county, and formerly a mem- 
ber of Congress, as a rival candidate ; but the influence 
of Governor Yates, and the well-known preferences of 
Mr. Van Buren, superadded to the admitted fitness of 
Mr. Marcy for the station, bore down all opposition, 
and he was nominated by a large majoritv. 

While he filled the office of adjutant-general, he 
found its duties not incompatible with his residence in 
Troy or with the practice of his profession ; but on his 
election to the comptrollership, he removed to Albany, 
where he has ever since continued to reside, except for 



560 WILLIAM L. MAECY. 

the four years during which he held a cabinet appoint- 
ment under President Polk. 

The office of comptroller, always an important one, 
had now become particularly so, in consequence of the 
large expenditures on the Erie and Champlain Canals, 
and the increase of the state debt. The business ca- 
pacity of Mr. Marcy was put to the test, but so faith- 
fully and skilfully were his complicated duties dis- 
charged, that no opposition was offered to his reelec- 
tion, in the winter of 1826. He found the finances of 
the state in a prosperous condition, and it was through 
no fault of his, if they were less so when he surren- 
dered the office to other hands. He introduced and 
perfected the present admirable system of collecting 
tolls and making disbursements, and he first exacted 
interest on the moneys of the state deposited with 
banks. He disapproved of the entire abolition of the 
mill tax in 1827, and repeatedly called the attention of 
the legislature, in his able and luminous reports, to the 
necessity of making some similar provision for the 
preservation of the General Fund. He also opposed 
the construction of the lateral canals, while he was the 
principal financial officer of the state, because it was 
not proposed, simultaneously with their commence- 
ment, to provide the means for the ultimate payment 
of the debt to be contracted. 

As comptroller, also, Mr. Marcy was a member of 
the far-famed " Albany Regency," which, though it 
may not have been justly obnoxious to many of the 



ASSOCIATE JUSTICE OF THE SUPREME COURT. 561 

censures of the opposition, for many years controlled 
or regulated the action of the republican party in New 
York. With Mr. Van Buren, and a large majority of 
his political friends in this state, he advocated the elec- 
tion of Mr. Crawford to the presidency in 1824. In 
1826, he supported Judge Rochester in opposition to 
Governor Clinton, and he powerfully contributed to 
the political revolution in 1828, that elevated General 
Jackson to the presidential chair, and placed Mr. Van 
Buren at the head of affairs in New York. 

On the 15th day of January, 1829, Mr. Marcy was 
appointed one of the Associate Justices of the Su- 
preme Court of the state, to fill the vacancy occasioned 
by the resignation of Judge Wood worth. To this new 
position, beside his acknowledged talents, he carried a 
sound and clear judgment, correct legal learning, im- 
partiality, and integrity of purpose. In his hands the 
judicial reputation of the state did not suffer, but he de- 
meaned himself in his high office with credit to her 
and to himself. While he had a seat upon the bench, 
he presided at the special circuit held at Lockport, in 
1830, for the trial of the abductors of William Morgan. 
His course during these important and exciting trials ; 
his urbanity, his firmness, and his impartial decisions, 
were highly commended by men of all parties. 

The selection of Mr. Marcy as a judge of the Su- 
preme Court gave great satisfaction to his friends, and 
to the members of the bar ; and consequently, his 
early resignation of the office occasioned many feel- 
24* 



35 



562 WILLIAM L. MARCY. 

ings of disappointment among those who were not ac- 
quainted with the moving causes. He had long been 
the confidential friend of Mr. Van Buren, and the latter 
had determined, in the winter of 1830-31, to resign the 
office of secretary of state soon after the close of the 
session of Congress. The mutual friends of Mr. 
Marcy and himself, in the state of New York, were 
then anxiously looking forward to his advancement to 
the highest office in the nation ; and it became im- 
portant, therefore, that, when he left Washington, his 
interests should be represented there by a reliable 
friend, one, too, possessing great ability and shrewd- 
ness. The term of office of Nathan Sanford as a 
Senator in Congress, was about to expire, on the 4th 
of March, 1831. Judge Marcy was accoi'dingly fixed 
on as his successor, by the active managers in the re- 
publican party, and he was duly nominated, at a legis- 
lative caucus held on the evening of the 31st of Janu- 
ary. He received seventy-seven votes, on the first 
and only ballot, and there were fifteen given forErastus 
Root. 

It was with great reluctance, that he came to the 
determination, that duty to his friend and his party 
required him to sacrifice a position, more desirable in 
a pecuniary point of view, and far more pleasing to 
him, than that to which it was now proposed to transfer 
him. He resigned the judgeship on the evening of the 
31st, immediately after the result of the caucus was 
communicated to him, and on the following day was 



DEFENCE OF MR. VAN BUREN. 663 

elected a senator for six years from the fourth day of 
March ensuing. He took his seat in the Senate at the 
commencement of the next session, in December, 1831. 
His reputation for abihty had preceded him to Wash- 
ington, and he was complimented by being appointed 
to the important positions of chairman of the commit- 
tee on the judiciary, am! of a member of the commit- 
tee on finance. 

Ahnost the first act of his senatorial career was the 
defence of his frien.l Mr. Van Buren, who had been 
appointed, during rhe recess, to the English mission. 
As there were older senators who were more familiar 
with the negotiations in regard to the colonial trade, 
he had determined not to take part in the discussion ; 
but when the politics of New York were attacked by 
Mr. Clay, and Mv. Van Buren and his friends were 
charged with being the first to introduce party pro- 
scription in the national politics, he could not remain 
silent. He spoke twice during the debate, and the fol- 
lowing are extracts from his remarks: — 

"The occasion which renders it proper, that I sliould say some- 
thing, has arisen in consequence of what has fallen from the honorable 
senator from Kentucky (Mr. Clay.) His attack was not confined to the 
nominee (Mr. Van Buren ;) it reaches the state which I represent in this 
body. One of the grounds of opjwsition to the minister to London, 
taken by the senator from Kentucky, is the pernicious system of party 
politics adopted by the present administration, by which the honors and 
offices are put up to be scrambled for by partisans, <fec., — a system 
which the minister to London, as the senator from Kentucky alleges, 
has brought here from the state in which he formerly lived, and had 



564 WILLIAM L. iMARCY. 

for so long a time acted a conspicuous part in its political transactions. 
I know, sir, that it is the habit of some gentlemen to speak with cen- 
sure or reproach of the politics of New York. Like other states, we 
have contests, and, as a necessary consequence, triumphs and defeats. 
The state is large, with great and diversified interests ; in some parts 
of it, commerce is the object of general pursuit ; in others, manufac- 
tures and agriculture are the chief concerns of its citizens. We hare 
men of enterprise and talents, who aspire to public distinction. It is 
natural to expect from these circumstances, and others that might be 
alluded to, that her politics should excite more interest at home, and 
attract more attention abroad, than those of many other states in the 
Confederacy. 

" It may be, sir, that the politicians of New York are not so fas- 
tidious as some gentlemen are, as to disclosing the principles on which 
they act. They boldly preach what they practice. When they are 
contending for victory, tbey avow their intention of enjoying the fruits 
of it. If they are defeated, they expect to retire from office ; if they 
are successful, they claim, as a matter of right, the advantages of 
success. They see nothing wrong in the rule, that to the victor 
belongs the spoils of the enemy. 

" But if there be anything wrong in the policy which the senator 
from Kentucky has so strongly reprobated, he should know that this 
policy is not confined to the minister to London and his friends in 
New York, but is practiced by his (Mr. Clay's) own political friends in 
that state : he should know, that if to one man, more than any other 
now living, the existence of that policy is to be ascribed, it is to one* 
of the senator's own political friends. The practice of making exten- 
sive changes in the offices, on the change of parties in that state, was 
begun, I believe, before the nominee was upon the political stage ; 
certainly while he was quite a young man, and before he had acquired 
great ccmsideration in political affairs. I must be permitted, sir, to 
say, that of all the party-men with whom I have acted, or been par- 
ticolarly acquainted, (and the number of such is not small,) I know of 

* Ambrose Spencer. 



REMOVALS FROM OFFICE. 565 

no one who has acted with, or advised to, more moderation than the 
person whose nomination we are now considering. 

" When the senator from Kentucky condemns the present adminis- 
tration for making removals from office, and then ascribes the act to 
the pernicious system of politics imported from New York, I fear he 
does not sufficiently consider the peculiar circumstances under which 
the present administration came into power. General Jackson did not 
come in under the same circumstances that Mr. Adams did, or Mr. 
Monroe, or Mr. Madison. His accession was like that of Mr. Jefferson. 
He came in, sir, upon a political revolution. The contest was without 
a parallel Much political bitterness was engendered. Criminations 
and recriminations were made. Slanders of a most extraordinary char- 
acter flooded the land. When the present chief magistrate took upon 
himself the administration of the government, he found almost all the 
offices, from the highest to the lowest, filled by pohtical enemies. * * « 

" I have very good reasons for believing that it is the gentleman's 
rule of conduct, to take care of his friends when he is in power. 
It requires not the foresight of a prophet, to predict, that if he shall 
come into power, he will take care of his friends, and if he does, I 
can assure him, I shall not complain ; nor shall I be in the least 
surprised if he imitates the example which he now so emphatically 
denounces. * * » 

" I must again allude to the grounds of the removal of some 
subordinate officers by the present administration, in order that it 
may be understood upon what principle the act is vindicated, and to 
repel the charge of wanton proscription. The necessities of the late 
administration were such that it compelled these officers to become 
partisans in the struggle. Many of them mingled in the hottest of the 
fight ; they were paragraph writers for the newspapers, and the dis- 
tributors of political handbills ; and thereby exposed themselves to the 
vicissitude to which those are always exposed for whom the political 
contests in free governments are waged. If among this class of 
officers there was more mortality attendant upon the late conflict, it 
was because there was more disease, 

" The senator from Kentucky has denounced removals from office 



566 ; WILLIAM L, MARCY. 

as a violation of the freedom of opinion, and the liberty of speech and 
action. He advocates a course of conduct toward political opponents, 
characterized by great moderation and forbearance, and what is much 
more, he professes to have conformed his actions to his precepts. We 
all of us, I believe, admire these liberal sentiments, and feel disposed, 
in our abstract speculations, to adopt them as the rule of our conduct. 
The theory is, indeed, beautiful ; but, sir, do we put tliem in practice 
when brought to the experiment I I would ask the honorable senator, 
if he has, himself practiced them i I will not say he has not, because 
he assures us he has ; but I will say, that some part of his public con- 
duct has exposed him to a strong suspicion of having departed from 
the path which he now points out as the true one, and of having wan- 
dered into that which he now thinks it is so censurable for others to 
have pursued. 

"It will be recollected, sir, that there is considerable patronage 
attached to the department of state. To it appertains the selection of 
the newspapers in which the laws of the United States are published. 
I well remember that while that honorable senator was at the head 
of that department, and when the fortunes of the late administration 
began to wane, the patronage of publishing the laws was withdrawn 
from certain public journals which had long enjoyed it. What was 
the cause of this change — this removal from ofHce, I believe I may 
call it ? It was not a violent and vindictive opposition to the existing 
administration. Some of these journals had scarcely spoken in whis- 
pers against it. No, sir, it was for lukewarmness — for neutrality. A 
want of zeal in the cause of the administration was alleged to be the 
offence; proscription was the punishment. Where was then that 
sacred regard for the freedom of opinion and the liberty of speech 
and action which we now hear so liighly extolled I Was not this an 
attempt to control public opinion through the medium of the press, 
and to bring that press into a subserviency to the views of the men in 
power ?" 

The views expressed by Mr. Marcy on the subject 
of removals from office show the eminently practical 



APPORTIONMENT BILL. 567 

character of his mind. He did not regard men as an- 
gels, but looked upon them as possessing all the attri- 
butes of mortality, — its selfishness, its passions, and its 
pi'ejudices. The theory of those who are opposed to 
party proscription, as it is termed, is but a theory ; 
and it cannot well be anything more, until the world 
becomes a great deal wiser and better than it is. 
Washington himself, the pure and high-minded, did 
not hesitate to remove the enemies of his administra- 
tion ; and no politician ever persisted in continuing 
his opponents in office, without blighting his pros- 
pects forever. 

On the 8th of March, 1832, Mr. Marcy spoke on 
the apportionment bill. He had been a member of 
the select committee, who reported on the bill, which 
originated in the House, and therefore felt it incum- 
bent upon him to explain and vindicate his oppo- 
sition to it. He thought it unequal, and liable to the 
same objections that called forth the veto of Presi- 
dent Washington in 1792, because it allotted members 
to fractions. His speech was not lengthy, but a clear 
and masterly effort, and mainly in reply to Daniel 
Webster on the constitutional principle. 

The tariff question was agitated during the period of 
his service in the Senate. Various propositions were 
brought forward and discussed ; a majority, perhaps, 
of the members of both Houses being sincerely desir- 
ous of adopting some compromise plan that would sat- 
isfy, or that ought to satisfy the manufacturing inter- 



WILLIAM L. MARCY. 



ests, and at the same time quiet the agitation in the 
staple states. This was Mr. Marcy's position. He 
was in favor of removing the duties on the non-pro- 
tected articles, but opposed to any project that re- 
quired protection to be absolutely given up. On the 
17th of March, he voted for a resolution introduced by 
Mr. Clay, declaring that the duties on non-protected 
articles ought to be abolished, but proposed to amend 
it, by adding the following clause : — " And that the 
duties on articles imported into the United States, 
similar to such as are made or produced therein, ought 
to be so graduated as not to exclude such foreign ar- 
ticles from coming into competition in our markets 
with those made and produced in the United States ; 
but to establish the competition on such terms, as shall 
give a reasonable encouragement and protection to the 
manufactures and products of the United States." He 
desired to have the whole tariff question opened, fairly 
and fully discussed, and finally settled, on an equitable, 
just, and firm basis. He wished to continue protec- 
tion to such branches of industry as were entitled to 
and needed it, but not by so doing to oppress any in- 
terest or any section of the country. As the result of 
the debates in Congress at this session, the law of 1832 
was enacted. Mr. Marcy did not approve of all the 
details of this bill, but voted for it as an improvement 
on the old system, which, he was satisfied, ought not 
to be longer continued in force. 

Since then, his views upon this great question have 



COURSE ON THE TARIFF. 



569 



kept pace with the tendency of the opinions of the 
democratic party toward a strict revenue tariff. To 
the law of 1842 he was unequivocally opposed. It 
would not be just to him, however, to say that he ap- 
proved of every feature and clause of the act of 184G, 
for that statesman or politician who did so could 
scarcely be found in the country. In a nation where 
there are so many conflicting industrial interests, 
measures of that kind must ever have a compromise 
character. But the general principles of the law of 
1846 conformed so nearly to his views that he rejoiced 
most heartily at its passage. 

He coincided fully with General Jackson upon the 
subject of the United States Bank, voted against its 
recharter, and approved of the veto. He has sub- 
sequently expressed his views on this question, at dif- 
ferent times, and always against the expediency, the 
necessity, and the constitutionality of a national bank. 

Approving of the principles of the Maysville veto, 
he voted against the bill providing for the improve- 
ment of harbors and rivers which was passed at this 
session, but failed to receive the approbation of Presi- 
dent Jackson, because it contained a number of objec- 
tionable objects of expenditure. Among the other im- 
provements specified in the bill, was the removal of 
the obstructions in the Hudson river below Albany; 
and the interests and inclinations of Mr. Marcy would 
have led him to vote in its favor, but, though he ap- 
proved of this feature, he would not, to gratify either 



570 WILLIAM L. MARCY. | 

his own personal feelings, or the wishes of his constit- 
uents on one subject, lend his votes or sanction to " a 
precedent dangerous to the state." 

At this session, also, Mr. Marcy voted against Mr. 
Clay's bill providing for the distribution of the proceeds 
of the public lands among the states. To this measure 
he has ever been opposed, and has favored the antago- 
nist proposition of the cession of the lands, in connec- 
tion with the preemption policy. 

In consequence of the prevalence of the Asiatic 
cholera on the seaboard, Mr. Marcy, with most of the 
members of Congress from the northern states, re- 
turned home at the close of the session, in the month 
of July, by way of Harrisburg. In compliment to his 
high character, a public dinner was tendered to him 
by the repubhcans of that city, but his stay there be- 
ing very brief he felt compelled to decline the invi- 
tation. 

Early in the previous winter, Governor Throop had 
announced his determination not to become a candi- 
date for reelection, and almost simultaneously with the 
announcement. Judge Marcy was proposed as his suc- 
cessor by the New York Courier and Enquirer, which 
paper, however, did not aid in his election, but soon 
after changed its ground and opposed the democratic 
party in the state and nation. As if moved by a spon- 
taneous impulse, the republican papers in the state, 
with very few exceptions, responded favorably to the 
suggestion ; and long before the nominations were reg- 



NOMINATED FOR GOVERNOR. 571 

ularly made, it was generally understood who the can- 
didates were to be. During the winter powerful efforts 
had been made to bring forward General Root, but he 
had shown so many symptoms of disaffection, that but 
little strength was secured for him, and he shortly after- 
ward abandoned his old political associates, and at- 
tached himself to the opposition party. 

The antimasons were early in the field, having nom- 
inated Francis Granger for governor and Samuel 
Stevens for lieutenant-governor — the same ticket they 
had supported in 1830 — at a state convention held in 
the month of June. The Herkimer convention met 
in September, and on the first ballot for governor, 
Mr. Marcy received one hundred and thirteen of the 
one hundred and nineteen votes cast. The friends 
of the Chenango Canal formed a powerful party in the 
convention, and as the election promised to be warmly 
contested, both upon the state and electoral tickets, 
John Tracy, of Chenango county, a friend of the pro- 
posed canal, and a prominent republican in that sec- 
tion of the state, was selected without difficulty as the 
candidate for lieutenant-governor. 

At this election the coalition between the national 
republicans and antimasons in the state of New York 
was complete. The former nominated at their con- 
vention and supported the antimasonic state ticket, 
and also the electoral ticket which the antimasons had 
adopted ; the latter, however, contained a fair propor- 
tion of national republicans, and it was tacitly under- 



WILLIAM L. MARCY. 



Stood that the candidates, if successful, would give the 
vote of the state to Henry Clay, or to William Wirt, 
the nominees respectively of the national republican 
and antimasonic parties, if the election of either could 
thus be secured. 

The canvass was warm, particularly on account of 
the bank question and other national issues, but the 
democratic state and electoral tickets were successful. 
Mr. Granger ran ahead of the coalition electors, in the 
Chenango valley and western districts, but as Judge 
Marcv was not a mason, nor committed against the 
Chenango Canal, he was well sustained by his party 
friends. His majority over Mr. Granger fell a little 
short of ten thousand in an unusually heavy poll. 

Parties in the Senate being almost equally divided, 
Mr. Marcy resumed his seat at the commencement of 
the next session of Congress, but resigned it in time to 
enter upon his duties as governor of the state, on the 
1st day of January, 1833. His first message was 
looked for with some interest. As a literary produc- 
tion, it called forth commendation from every quarter, 
as, indeed, was anticipated by those who knew what a 
practiced pen he wielded. The financial policy of the 
state was, as it had been for several years, the great 
subject of interest, and it had a deserved prominence 
in the message. The annexed extracts will show the 
chart he laid down for his guidance, when he first took 
hold of the helm, which Governor Throop resigned to 
his hands : — 



FIRST MESSAGE. 573 

"The General Fund is almost exhausted, by the liberal contributions 
it has yielded to all the other funds, by the payment of the state debts, 
and by furnishing, unaided for tlie last five years, all the means for the 
ordinary and extraordinary expenses of the government. Tlie revenue 
from this fund has at no time been sufficient, without the avails of a 
general tax, to satisfy the demands upon the treasury. In order to 
meet these demands, and to relieve our fiscal affairs from embarrass- 
ments, it became necessary, in eighteen hundred and fourteen, to impose 
a tax of two mills on each dollar of the valuation of real and personal 
property in the state. This tax was continued until eighteen hun- 
dred and eighteen ; then it was reduced to one mill ; in eighteen 
hundred and twenty-four to half a mill, and in eighteen hundred and 
twenty-seven it was wholly discontinued. When the legislature 
refused to continue the tax, it was well understood that the General 
Fund could not long sustain the burden cast upon it ; that its capital 
would be rapidly reduced, and soon exhausted. Though this event 
has not approached so rapidly as was anticipated, it is now at hand, 
and this session should not, in my judgment, be permitted to pass 
away without providing the means, by the adoption of some settled 
plan, to satisfy the demands that must inevitably be made upon the 
treasury. The annual expenses of the government, in future years, 
will not fall far below three hundred thousand dollars, and all the 
available means for the current year, other than a resort to the remain- 
ing capital of the General Fund, will be less than one hundred thousand 
dollars. 

" According to the statement of the Comptroller, the capital of this 
fund is now only five hundred and seventy-eight thousand three hundred 
and ten dollars ; and if from this amount be deducted the debt due for 
the stock issued to John Jacob Astor, now payable at the pleasure of the 
state, this capital may be regarded as almost entirely expended. At 
the period when the state tax was discontinued, I had the charge of the 
financial department of the government. Disapproving of the policy 
of impairing the General Fund, I recommended the continuance of the 
tax ; and in subsequent ye.ars I deemed it my duty to urge a return 
to it. It would be useless to attempt now to determine whether the 



574 WILLIAM L. MARCY. 

policy thus recommended, and I believe every year since urged upon 
the legislature by the head of that department, and for the three last 
years by the Executive, was preferable to the course which has been 
pursued. We are now brought to a condition in which the expedient 
heretofore used for meeting the demands on the treasury, can be no 
longer resorted to, and a new system of revenue must be devised. 

" A movement has been made for the purpose of releasing the 
auction and salt duties from the constitutional pledge by which they are 
secured to the canal fund. If this measure should be consummated, 
and the avails of these duties restored to the General Fund, and the 
amount of the income from these sources should not be materially 
affected by the anticipated change in the salt duty, or the possible 
legislation of Congress in relation to auction sales, — the revenue would 
in this manner receive an augmentation which will render it nearly, or 
quite equal to the demands upon it. But it will be perceived, that this 
proposed measure is beset with contingencies which cannot be efifec- 
tually controlled by your legislation. The people may not approve of 
the proposition to release the pledge ; and if they should, it may not 
be deemed wise to draw, after the canal debt is paid, a large revenue 
from these sources, or to devote what may be thence drawn to the sup- 
port of the government. 

" The canals are rapidly accumulating the means for the extinguish- 
ment of the debt for which their income is hypothecated. When this 
object is accomplished, the tolls may, with fair claims of justice, be 
resorted to, for the means of replenishing the treasury, to an amount 
at least equal to the sum abstracted, for the benefit of the canals, for 
the benefit of the General Fund. On whatever principle this account 
shall be stated, the sum that wiU be found due, will probably be suffi- 
cient, not only to reimburse any loans which may be made for defray- 
ing the expenses of the government, but to afford a temporary aid to 
such works of internal improvement as fhe state may think it wise and 
prudent to undertake. 

"The money diverted from the General Fund to the use of the 
canals, belongs equally to the citizens in all parts of the state ; but 
the object to wliich it was appropriated, though eminently beneficial, 



FINANCIAL POLICY OF THE STATE. 575 

was uot so to all in an equal degree. The inhabitants, in districts of 
the state remote from the canals, do not derive as much advantage 
from them, as those in their immediate vicinity ; they will thereforo 
naturally prefer to have tlie treasury replenished by a ropaymont of 
the contributions made to tlie canals, rather than by resorting to a 
general tax. The justice of a claim upon the revenue of the canals to 
some extent, in flivor of the General Fund, will probably not be denied ; 
but the amount which shall be repaid, and the objects to which it 
shall be appropriated, will doubtless give rise to much diversity of 
opinion. If we were prepared to settle these questions, we have not 
the power to do so ; they must be left for our successors. Shall we 
then anticipate their decision, and accumulate a debt for the ordinary 
expenses of the government, trusting to the future appropriations of 
the income of the canals, for its repayment ? Without a confident 
reliance on this, or some other certain and specific resource for its 
redemption, there are, in my mind, strong objections to the creation 
of such a debt. A national debt has been regarded by the true 
friends of a republican government as a national evil. When the 
public funds are not drawn immediately from the people, a proper 
sense of dependence on the part of those who have the appropriation 
of them is lost; and a salutary check to improvident and profuse 
expenditure is removed. When the motive for the constituent to 
scrutinize the conduct of the representative is enfeebled, the latter 
ceases to feel and act under the consciousness of a due accountability. 
If the force of this relationship in a government hke ours be weakened, 
the action of the whole political system is deranged ; economy is no 
longer regarded as a political virtue ; public spirit loses its true aim ; 
and its energies are directed to personal and ignoble ends. A large 
funded debt has a tendency to create artificial distinctions among the 
people — to divide society into the rich and the poor, and to bring 
about a state of things, in which labor is made tributary to wealth, 
and power purchased by influence. At this time, when the general 
government is presenting for the admiration of the world the unpre- 
cedented fact, of the total extinguishment of a large national debt, it 
would ill become this state, eminently distinguished for her wealth, her 



576 WILLIAM L. MARCY. 

resources, and the enterprising spirit of her citizens, to counteract in any 
degree, this impressive pohtical lesson, by the commencement of a debt 
for the purpose of defraying the expenses of the government. 

" A national debt may be the result of inevitable necessity. The 
efforts which nations are sometimes required to make, to recover their 
civil liberty, or to defend their rights, may involve an expenditure 
beyond their present ability to pay. A debt thus contracted confers 
no reproach, and its payment may be deferred until the people that 
incurred it, have replenished their resources, and become able to sus- 
tain the burden of discharging it, without withering their prosperity. 
Such was the origin of our national debt, and such has been our 
course in regard to its payment. The debt contracted by this state on 
account of the canals, is justified on a different principle. The object 
for which it was incurred, was specific, and ample means for its 
speedy redemption were provided in the very act which authorized it. 
It could in no event have been forwarded on to a future age, as aa 
incumbrance upon it, to be paid by a general tax, without a violation 
of the most solemn pledges. 

" Whether a resort to a general tax, moderate in amount, in order 
to provide the means to meet exigencies of the government, shall be 
forborne, and a reliance be placed on the chance of deriving sufficient 
aid for that purpose from the duties on salt and auction sales; or a 
debt shall be contracted, with a view to its redemption, from the 
canal revenue, after it is relieved from its present hypothecation ; are 
questions which may with propriety be left to the immediate repre- 
sentatives of tlie people. If upon due deliberation, you should 
determine to levy a tax, and leave the other revenues unanticipated 
and unimpaired, to be managed and disposed of by your successors, 
as the best interests of the state shall indicate, when the existing 
incumbrance is removed, I feel the fullest confidence that the people 
will cheerfully acquiesce in the decision. 

" There is no subject connected with our local affairs that we 
can contemplate with so much satisfaction as our works of internal 
improvement. The advantages resulting from tljem are felt in all 
parts of the state, and in the diversified occupations of our citizens. 



FINANCrAL POLICY OF THE STATE. 577 

Everywhere their beneficial effects are visible, bearing testimony to 
the wisdom which conceived the system, and to the enterprise which 
put it into practical operation. The peculiar formation, indicated 
at an early period to some of our enlightened and sagacious citizens 
the practicability, as well as the usefulness, of connecting the great 
northern and western lakes with the Atlantic ocean by means of artificial 
water communications. The enterprise of the present age has most 
successfully carried into effect the grand conceptions of the past. . 
The spirit which prompted us to enter upon this system was not, 
however, wild and reckless; while it anxiously sought the end, it 
carefully estimated and wisely provided the means for its attainment- 
Though much has been done to improve the condition of our state, 
much yet remains to be done. While we allow the success which has 
attended our efforts at home, to impel us forward in the career of 
improvement, we should not be regardless of the less fortunate effects 
which have resulted from similar enterprises abroad. On the one 
hand, it would be unworthy of the character of the state to pause in 

this career : on the other, it would be more unwise to rush forward in 

i 
it, accumulating burdens upon the people without securing proportion- 
ate advantages. 

" From all internal improvements, there necessarily result local 
benefits, and it is natural that those parts of the state which have not 
participated in them should indulge an impatient desire to do so. 
Wise legislation should endeavor to gratify this desire as far as 
practicable, when it can be done with due regard to the public interest. 
Local interests concurring with, or pretending to, the general good, 
will devise and press upon your consideration particular plans for 
improvement, both by canals and roads ; and if you should deter- 
mine that it was expedient to do more at present than to com- 
plete those already begun, the difficult and responsible duty of 
selection will devolve on you. Though revenue is not the sole 
consideration that should influence your decision, it ought to have 
great weight with you, for it will be a test of the public usefulness 
of the work. In my judgment, the first object of inquiry should be, to 
ascertain, as accurately as possible, the amount of expenditiu-e u 

25 



578 



WILLIAM L. MARCY. 



proposed work will involve ; and next, the amount of revenue that 
may be derived from it. If the revenue promises to be sufficient to 
keep it in repair when finished, to defray the expenses of superin- 
tendence and the collection of tolls, and to meut the claims for interest 
on the capital expended, souiid policy requires that it should be con- 
structed. Even if a less favorable result should be anticipated for a 
few years, the question of authorizing the construction of a public work 
may yet be very properly entertained. An improvement, opening an 
easy and cheap communication into the interior of any part of the state, 
would soon develop new resources iu that section, increase the quantity 
of its productions, and expand its trade. If it should require the lapse 
of a few years to produce these effects, and to increase the revenue to 
an amount sufficient for the purposes before specified, this would con- 
stitute no conclusive objection to the undertaking. Should the proposed 
work be connected with those now in operation, the effect that it might 
have on the productiveness of them, should also be regarded, and, to a 
reasonable extent, influence your decision. Improvements that will 
insure these results at the time of their completion, or shortly there- 
after, should inspire no dread that a general burden will be cast upon 
the state, to discharge the debt created for their construction ; because 
the gradual growth of the adjacent country, and consequently the ex- 
tension of trade, will Increase the revenue, until there will ultimately 
be a surplus to be applied in redemption of the debt contracted on 
their account." 

It was remarked by an able English writer, who 
visited this country many years ago, that ours is " en- 
tirely a government of opinion," and whatever " the 
[American] people, wish is done."* In a democratic 
community, says De Tocqueville,t "opinion is more 
than ever mistress of the world :" vet, however true 



* Excursion through the United States and Canada, p. 70. 
\ Democracy in America, Part II., book i., chap. 2. 



LIMITED INFLUENCE OF PUBLIC OPINION. 579 

this may be in the general, pubHc opinion, in its prac- 
tical expression, is not always " the absolute power of 
a majority," as the French philosopher and statesman 
supposes, unless, indeed, the experience of 1848 may 
have impressed him to the contrary; but it is often- 
times the sentiment of a mere minority, either forced 
upon the acceptance of those who hold the balance of 
power by political considerations, or tolerated by them 
for special reasons which may be but slightly connected 
with the subject matter itself. Where an opinion be- 
comes absolutely that of a majority, and is cherished 
in earnestness and sincerity by all the components of 
the majority, it undoubtedly exercises a controlling 
influence; and the governmental action which it in- 
vokes, and never fails to secure in the end, may be said 
to be the result of public opinion. In this sense, and 
in such a case, what the American people wish, is done. 
But the opposite is also frequently true, and what the 
Amei'ican people do not wish is done ; and when done, 
they do not attempt to undo it. Circumstances shape 
the fortunes of states as of individuals ; and political 
accidents, and apparently inconsequent facts, sometimes 
lead to important results. In the politics, and in the 
legislation of democratic governments, minorities often 
carry their ends, by obtaining the aid of those who are 
indifferent or neutral in respect of those ends ; or, where 
two great parties exist, by forming a third party, and 
threatening to unite, or actually uniting, with one or 
the other of the principal organizations. 



580 WILLIAM L. MARCY. 

• The state of New York furnishes many illustrations 
of this fact, in her history. It is very doubtful whether 
a majority of the people originally aj)proved of the con- 
struction of the Erie and Champlain canals, but the 
interest arrayed in their favor was a powerful one, and 
by combining with a political party, and by tempo- 
rary accessions from other quarters, it secured sufficient 
strength to command success before the legislature ; 
yet public opinion never underwent any material change, 
till the utility and practicability of those works had 
been actually demonstrated by their completion and 
employment in the purposes of navigation. Antima- 
sonry was, in the first place, confined to a comparative 
few ; but it fairly forced itself upon a large and influen- 
tial party, which, had the masons stood firmly by the 
institution that was the object of its assaults, would 
have gained the ascendency in the state ; and still, a 
majority of the people would not have been antimasons. 
So, too, of abolitionism : at the beginning, it was treated 
with contempt by men of all parties, but it soon became 
an important element in the politics of New York, and 
controlled them in fact, long before a majority of the 
electors, if that be the case even now, had manifested 
a disposition to embrace its principles. The lateral 
canal interest, by which the Chenango canal project 
was put forward as a pioneer measure, possessed but 
little power at first ; but it was earnest, importunate, 
and determined ; defeat only made it stronger ; and 
disappointment but stimulated it to greater exertions. 



THE CHENANGO CANAL. 581 

In the end, it made captive of both parties, and triumph- 
ed over all opposition ; and yet at no time was it sus- 
tained by the favorable wishes of a majority of the 
people. The minority, taking advantage of party di- 
visions and interests, tyrannized over the majority. 

Governor Marcy was not committed, either one way 
or the other, upon the subject of the Chenango canal, 
at the time of his election ; and in his first annual mes- 
sage, after stating that there were conflicting opinions 
in regard to the cost of the proposed work, and the 
probable amount of revenue it would yield, upon which 
the legislature should decide, he merely commended it 
to their favorable notice, with the expression of the 
hope that its merits might be found such as to induce 
them to authorize its construction. His views upon 
the subject of the finances of the state, differed but 
slightly from those of his predecessor, but he occupied 
a more impartial position, for the reason that he lived 
in a section where the local interests opposed to, or in 
favor of the canal, exerted no direct influence. Along 
the whole line of the Erie canal, and particularly in 
Western New York, there was a strong feeling against 
the Chenango canal, because it was thought that if the 
work should be constructed, it would not be a profitable 
concern, but would become a charge upon the state 
treasury, and thus either require the imposition of a 
direct tax, or prevent any reduction of the tolls on the 
Erie and Champlain canals. 

But while Governor Mai'cy was opposed to the crea- 



582 WILLIAM L. MARCY, 

tion of a state debt for objects of internal improvement, 
relying for its repayment entirely upon prospective 
revenues, he did not occupy the extreme ground held 
by Colonel Young and a majority of the canal commis- 
sioners, that no work ought to be commenced that would 
not be immediately profitable. His position was a 
moderate one ; he was not illiberal on the one hand, 
nor friendly to lavish expenditures on the other. He 
had none of the overstrained parsimony of Warburton, 
of whom Moore has said, 

" He would most ■willingly cut dowD 
The holiest groves on Pindus' mountf 
To tarn the timber to account ;" 

nor was he in the least inclined to followed the prodigal 
example of Pitt, which almost wrecked the financial 
hopes of England beyond the prospect of recovery. 
He stood between extremes. He was not opposed to 
everything like change or improvement, nor blinded 
by the fanciful and deceitful visions of future prosperity 
which lured only to ruin and disgrace ; but in favor of 
that sound and healthy progress which alone conduces 
to the permanent welfare and happiness of a people or 
a state. 

As the salt and auction duties had been originally 
pledged and set apart for the payment of the canal 
debt, and a direct tax levied to make up the deficiency 
in the General Fund, — and as the people of the whole 
state had thus contributed to the construction of the Erie 



THE CHENANGO CANAL AUTHORIZED. 583 

and Champlain canals, he thought it only just and right 
that other sections should be similarly aided, in the de- 
velopment of their resources, out of the fund derived 
from the canal revenues, so far as it could be done 
without adding to the debt of the state, or impairing 
its credit. 

Another feature in the character and course of Gov- 
ernor Marcy may be mentioned here. He was not a 
timid man, nor afraid of incurring responsibility ; but 
being a shrewd observer, and possessing an almost in- 
tuitive knowledge of men, he knew that it was wiser, 
and generally safer, to persuade rather than to compel, 
and he allowed the legislature of the state a wide lati- 
tude in deciding upon all questions affecting the in- 
terests of their constituents, so long as the provisions 
of the constitution were not disregarded. 

At the winter session of the legislature in 1833, the 
friends of the Chenango canal were prompt to urge 
their favorite project. It had, doubtless, been tacitly 
understood, during the preceding canvass, that the 
application would be favorably regarded by the demo- 
cratic members of the legislature ; for it was pretty 
evident that a further denial of the application would 
hazard the ascendency of the party ; and, conceding 
the merits of the proposed measure, the time, and the 
condition of the state finances, were not unfavorable to 
the commencement of the work. A bill authorizing 
the immediate construction of the canal, passed both 
houses at this session, and was approved by the gover- 



584 WILLIAM L. MARCY. 

nor. Heretofore, this project had received the support 
of the leading antimasons in western New York, but 
most of the members, of both parties, from that section of 
the state, opposed the law as finally enacted, because it 
contained a provision, inserted to meet the views of 
Governor Marcy, that if the appropriation based upon 
the estimates should not be sufficient, the deficiency 
should be made up out of the canal fund. This provi- 
sion, it was apprehended, might interfere with the re- 
duction of tolls on the Erie canal, and hence the votes 
of the western members. 

Throughout the whole period of Governor Marcy's 
administration, with the exception of a portion of the 
last term, the legislature was beset by applicants for 
bank charters. The United States Bank veto of Presi- 
dent Jackson in 1832, created an anticipated necessity 
for the further increase of banking capital under the 
state laws ; and the inordinate profits of the state banks, 
in consequence of the removal of the deposits in 1833, 
during the era of speculation that ensued, heightened 
the mania for charters to such an extent, that it threat- 
ened to bear down everything before it. The influence 
of the governor, willing as he was to leave matters of 
this kind entirely in the hands of the legislature, was 
exerted against any undue augmentation of this pow- 
erful interest, and he favored only such an addition to 
the banking capital of the state as was rendered neces- 
sary by the increase of business. He could not pre- 
vent the corruptions and mal-practices, always incident 



BANK CHARTERS. 585 

to legislation, affecting moneyed or stock interests, yet 
his influence was salutary. In 1833, but eight charters 
were granted; in 1834, of one hundred and five appli- 
cations, only seven were favorably regarded ; in 1835, 
not a single charter was granted ; and during the re- 
mainder of his administration, but two or three banks 
were incorporated. 

In his annual message in 1834, the governor advised 
extreme caution in granting bank charters, and sug- 
gested the propriety of making some provision whereby 
the stock of newly chartered banks should go into the 
hands of the permanent holders worth only its par value. 
He also recommended the reduction of the rate of in- 
terest on bank loans to six per cent. These two meas- 
ures, he thought, would have the tendency to diminish 
the number of applications. The first was not found 
to be practicable, but the rate of interest was afterward 
reduced in accordance with his recommendation. With 
respect to the lateral canals, he avowed himself in favor 
of constructing works subordmate to the Erie canal, 
when the finances of the state would permit ; but he 
enjoined it upon the legislature to remember the cau- 
tious policy of former years, and not by imprudent 
haste, to put in hazard the whole system of internal 
improvements. 

In the autumn of 1833, the public deposits were re- 
moved from the Bank of the United States, and that 
institution immediately commenced a rapid curtailment 
of its discounts, and pressed the collection of debts due 
25* 



586 > WILLIAM L. MARCY. 

it, with unexampled harshness and severity. The money 
market at once became affected, and business men, either 
directly or indirectly dependent upon the bank, were 
much embarrassed. In the city of New York, the 
pressure was for a time quite severe, but the state banks 
were desirous of assisting their customers as far as 
possible in this emergency. It was feared, however, 
that if they should extend their accommodations and 
increase their circulation, they would incur the hostility 
of the United States Bank, and be obliged to suspend 
specie payments. To protect the people of the state, 
and its commercial, agricultural, and industrial interests, 
against so great a calamity, Governor Marcy recom- 
mended, in a special message to the legislature, on the 
24th of March, 1834, a loan of the credit of the state 
to the banks, in the form of state stock, to the amount 
of four or five millions of dollars. This recommenda- 
tion was approved by the legislature, and a law was 
passed in conformity therewith. This law, termed by 
the political opponents of the governor, " Marcy 's Mort- 
gage," was never carried into effect, as the banks proved 
able to sustain themselves without the assistance of the 
state; but throughout the summer and fall of 1834, it 
was a prominent theme for animadversion in the op- 
position papers. 

Antimasonry ceased to exist, as a political organiza- 
tion, soon after the coalition in 1832, by reason of the 
virtual disbanding of the masonic fraternity. The ori- 
ginal founders of that party claimed to be totally op- 



FORMATION OF THE WHIG PARTY. 587 

posed to all secret societies, but this principle they were 
unable to sustain. Associations of the same character 
existed during the whole period of the antimasonic ex- 
citement, within the state of New York, and they never 
suspended their operations. The object of attack, in 
effect, was merely the masonic institution ; and the prac- 
tical result was to put it, as it were, temporarily . in 
abeyance. The institution was not destroyed, but re- 
formed somewhat, and then revived. If its power may 
be measured by numbers, it now wields a still greater 
influence than ever ; and the very weak hold which 
the principle of opposition to secret societies took upon 
the public mind, is evinced by the fact, that many promi- 
nent antimasons in western New York, in the old " in- 
fected district," are at this time members of the masonic 
society, and a still greater number belong to other as- 
sociations framed after that as a model, and liable to 
the same objections, whether justly or unjustly is not 
material to the present writing, once urged against 
masonry. 

Opposition to the veto of the United States Bank 
and the removal of the deposits, furnished a sort of 
common ground or principle on which the various po- 
litical elements and organizations hostile to General 
Jackson and his friends, could unite. In the winter of 
1834, the coalition of the national republicans and an- 
timasons in the state of New York, was made complete, 
by the adoption of a common name. They now as- 
sumed the appellation of Whigs, which was shortly 



888 ./i,V WILLIAM L. MARCY, 

afterward adopted by the entire opposition to the demo- 
cratic party of the Union, with the exception of a small 
faction of the State Rights' party headed by John C. 
Calhoun. 

From the time of the removal of the deposits till the 
fall elections in 1834, the financial measures of the gene- 
ral administration were the principal topics of discus- 
sion, and state questions were forced to give place to 
them. A last powerful effort was made by the United 
States Bank to produce a reaction of popular feeling, 
favorable to that institution, and the canvass for the 
gubernatorial election opened early in New York, and 
was conducted with much spirit. The administration 
of Governor Marcy had been so entirely satisfactory 
to his party, that he was unanimously nominated for 
reelection, at the Herkimer convention, held on the 
10th of September, 1834. Lieutenant-governor Tracy 
was also renominated with like unanimity. The whig 
candidates were Wilham H. Seward, of Cayuga county, 
formerly a leading antimason, and Silas M. StiIwell,of 
the city of New York. 

Although the removal of the deposits, and the na- 
tional bank question, were topics of so great prominence 
in the political discussions of this year, the loan law 
recommended by Governor Marcy was not overlooked, 
and an attempt was made to render him unpopular with 
the people in consequence of it. The connection of 
the general administration with the state banks, and 
the alleged favoritism shown to the safety fund institu- 



REELECTION. 589 

tions by tlie state authorities, were likewise subjects of 
partisan controversy. Tlie safety fund system was 
vehemently attacked in the whig papers ; it was called 
a politico-commercial scheme, and the banks chartered 
under it were said to be entirely under the control of 
the Albany Regency. This assertion, probably, was 
not well founded, for it is certain that a large majority 
of the state banks in New York were owned or con- 
trolled by active members of the whig party. 

The democratic state ticket succeeded by a much 
larger majority than in 1832. Over three hundred and \ 
fifty thousand votes were cast for governor ; and the 
majority of Governor Marcy over his opponent was 
nearly thirteen thousand. 

In his next message to the legislature, at the com- 
mencement of his second term, Governor Marcy re- 
peated his former views upon the state finances, and 
advised a continuance of the cautious policy which had 
been pursued. Apprehending a diversion of the western 
trade in favor of Pennsylvania, in consequence of the 
facilities afforded by her extensive system of internal 
improvements, the friends of the Erie canal had for 
some time urged its enlargement, in order that its ca- 
pacity might keep pace with the increase of business. 
The governor invoked the attention of the legislature 
to this subject, justly regarding it as one of paramount 
importance, because the Erie canal was the back-bone, 
so to speak, of the canal system of the state. He ex- 
pressed himself in favor of the enlargement, to be car- 



590 WILLIAM L. MARCY. ' 

ried on as rapidly as the surplus revenues arising from 
tolls \Vould permit. In accordance with his advice, the 
legislature, dui'ing this session, authorized the surplus 
revenue to be applied to the enlargement and improve- 
ment of the Erie canal, and the construction of double 
locks, as soon and as fast as the public interest, in the 
opinion of the canal board, required such improvements 
to be made. Applications in behalf of the Black River 
and Genesee Valley canals were made at this session, 
but did not receive a favorable consideration : at the 
next session, however, in the winter of 1836, those works 
were authorized to be constructed. 

One of the consequences of the increase of the bank- 
ing capital of the state was, that coin was almost driven 
out of circulation. A general desire was expressed to 
have the legislature provide a remedy for this evil, and 
the whig state convention in 1834 adopted a resolution 
in favor of the suppression by law of bank notes of the 
smaller denominations. The democratic party were 
equally favorable to the measure, and it was recom- 
mended by Governor Marcy in his annual message in 
1835. A law was accordingly passed, providing for 
the gradual suppression of bank notes under five dollars. 
This was not a party question, as it afterward became, 
and the vote in favor of the bill was nearly unanimous. 

In the same message Governor Marcy advised the 
legislature to refuse to grant any more bank charters, 
at least for the present ; and his advice was heeded. 
The number of new banks chartered within a few years, 



ABOLITIONISM. 591 

though bearing but a small proportion to the applica- 
tions, had ah'eady alarmed many citizens, and in the 
summer of 1835 a new party was formed, in the city 
of New York and in some other counties, whose creed 
was, opposition to bank charters and to legislative 
monopolies and special privileges of all sorts, but par- 
ticularly those connected with the moneyed interest. 
This party was called the Equal Rights, or Loco Foco 
party. It was at first principally composed of demo- 
crats, but while it remained a mere faction, the whiss 
frequently cooperated with it at the elections. In 1836, 
it brought forward a separate state ticket, but in the 
following year it united with the democratic party, and 
eventually became the nucleus of the radical faction. 

The year 1834-5 was also distinguished by the rise 
of the abolition, or anti-slavery party. Governor Marcy 
was among the foremost in opposing the anti-slavery 
agitation, and he has ever since opposed any movement 
calculated to create or foster sectional prejudices or ill 
feelings. On the 4th of September, 1835, he presided 
at a public meeting of the citizens of Albany, attended 
by the most venerable and distinguished men of both 
the great parties, at which resolutions were adopted, 
declaring that the movements of the abolitionists were 
incendiary and threatened to disturb the peace of the 
country, and that they ought to be frowned upon and 
discountenanced by all sincere friends of the Union. 
Such have ever been the sentiments of Governor Marcy. 
He has been neither an ultraist nor an alarmist. Upon 



592 WILLIAM L. MARCY. 

the abstract question of slavery, his opinions may not 
have differed essentially from those of the abohtionists ; 
but he has uniformly adhered with fidelity to the old 
republican doctrine of non-interference with the civil 
and social institutions of other states. 

During the second term of Governor Marcy, the 
speculating mania produced by the use of the public 
moneys as the basis of bank discounts, reached its cul- 
minating point. He foresaw the evils likely to result 
from this disturbing element in business, and in his 
annual message in January, 1836, he referred to the 
" unregulated spirit of speculation" in stocks and real 
estate which pervaded the community, and cautioned 
the legislature against affording it any encouragement. 
He apprised that body that the general fund was ex- 
hausted ; that the Chenango canal would cost double 
the original estimates ; and that the Erie canal enlarge- 
ment would involve an expenditure of twelve millions 
of dollars. He remarked, therefore, that he felt bound 
to protest against any departure from the policy he had 
always recommended, that of confining appropriations 
for new works to the surplus revenue arising from tolls, 
f and against pledging the credit of the state for further 
improvements, at least until ample means had been 
provided for the prompt payment of interest, so that 
the stocks of the state would not suffer depreciation. 

Both parties, however, seemed to have caught the 
prevailing infection, and during this session laws were 
passed, by large majorities, directing the preliminary 



ELECTED FOn A TIUKD TEKM. 593 

steps to be taken toward the construction of the Black 
River and Genesee Yalley canals. It nuiy have been 
an error on the partof Governoi- JMarcy that he did not 
oppose with greater determination and decision these 
incipient movements that led to the creation of a large 
additional debt; but it must be remembered that the 
entire whig party were at that time strenuously urging,' 
a more enlarged system of improvements, and their 
opponents were charged with being hostile to the public 
works, and with cherishing narrow and illiberal views. 
If, then. Governor Marcy had vetoed any of these meas- 
ures, it is more than probable that public opinion, car- 
ried away v.ith the prevailing excitement, would have 
swept him and his party from power, at the next elec- 
tion, and promptly followed up its success by plunging 
the state headlong into debt. 

Gov^ernor Marcy and Lieutenant-governor Tracy 
were unanimously renominated at the democratic state 
convention in 1830. An unexampled degree of pros- 
perity, deceitful though it was, everywhere prevailed, 
and notwithstanding a president was to be chosen this 
year, the elections were not conducted with much 
warmth. Jesse Buel and Gamaliel H. Barstow were 
the whig candidates for governor and lieutenant-gov- 
ernor, but no very powerful efforts w^ere made to secure 
their election. Messrs. Marcy and Tracy were again 
the successful candidates, and obtained almost thirty 
thousand majority over tlieir opponents. The Equal 



594 WILLIAM L. MARCV. 

Rights candidate for governor received less than four 
thousand votes. 

The third term of Governor Marcy was pregnant 
with important events, aflecting him not so much, per- 
sonally, as they did his friend Mr. Van Buren, then the 
leader of the democratic party in the nation. Jn his 
annual messages in 1837 and 1838, the former advised 
the same cautious policy in regard to works of internal 
improvement which he had before recommended. At 
the session of 1837 no further appropriations were 
made; but in 1838 the governor recommended an ad- 
ditional appropriation for the enlargement of the Erie 
canal as being necessary to carry on the work before 
authorized. 

Year after year the dissatisfaction with the banking 
\ interest, growing entirely out of misconduct, perhaps 
incident to the system, but confmed to a few isolated 
cases, had gone on .steadily increasing, until, in 1837, it 
was evident that no more charters would be granted 
under the old systenL The governor then recommen- 
ded the modification of the restraining law, and the 
legislature adopted his suggestion. In 1838, he avowed 
himself in favor of a general banking law, such as would 
obviate the objections to the monopoly features of the 
existing system, to be passed by a two third vote. The 
act of that year, which, as amended, is now in force, 
received his approbation and signature. 

When the Independent Treasury project was first 
presented in the summer of 1837, Governor Marcy was 



ins DEFEAT. 

not favorably inclined toward it, but subsequent reflec- 
tion satisfied him that it would be for the permanent 
advantage of the government, tbe people, and the banks, 
not to renew the connection which had existed, and 
which had been severed by the suspension of specie 
payments. He therefore expressed his concurrence in 
the sentiments and recommendations of Mr. Van Euren, 
in his annual message to the legislature in 1838; he 
approved of the independent treasury law as originally 
enacted in 1840 ; was opposed to its repeal ; and, as a 
member of Mr. Polk's cabinet, was highly gratified with 
its reenactment. 

During the civil war in Canada, in 1837-8, Governor 
Marcy, like Mr. Van Buren, firmly and promptly op- 
posed everv attempt to interrupt the peaceful relations 
of the country by any inlVaction of treaty obligations, 
but at the same time adopted, with characteristic energy 
and determination, sucIj precautionary measures as 
were deemed necessary to protect tlie state against 
invasion. 

Mr, Marcy and Mr, Tracy were nominated for a 
fourth term in the fall of 1838, but they were borne 
down by the current that prevented the reelection of 
Mr. Van Buren. The election turned principally upon 
national questions ; most of the conservatives in the 
democratic party who were opposed to the independent 
treasury refused to support Governor Marcy ; and while 
the state bank interest became in a great measure hos- 
tile to him, many of the ultra equal rights men on the 



596 WILLIAM L. MARCY. 

Other hand opposed him. The citizens of New York 
who had sympathized with and aided the Canadian 
patriots, were also unfriendly to him, as the head of the 
state authorities who had opposed their movements. 
The whigs as a party had committed themselves in favor 
of the small bill law, but after the suspension of specie 
payments, they were equally decided in advocating its 
repeal. The democratic party hesitated to restore the 
power to issue small bills, and, as great difficulty was 
experienced in changing money of small amounts, this 
question operated to prejudice their ticket with the 
people. 

A very heavy vote was cast by both parties, and the 
wliigs carried everything before them. Their candi- 
dates for governor and lieutenant-governor, William H. 
Seward and Luther Bradish, were elected by more 
than ten thousand majority, jl 

The term of office of Governor Marcy expired on ' 

if 
the last day of Decen)bex', 1838. His defeat and re- \l 

• ■ ![ 

tirement iVoni office could not, of course, materially \[ 

alTjct one so experienced in political warfare. The 
luotio of the polisiciaii is, prjctically, always — " Ho die 
tib'i, eras mihi!" — "To-day is yours, but to-morrow 
may be mine !" — for reverses and disappointments 
rarely fail to be mingled with his triumphs.- If the 
people had no further need of his services, Governor 
Marcy was the last man to complain of ingratitude, or 
to charge them with inability to appreciate his merits. 
Within a few months after his defeat in the s^uber- 



COMMISSIONER ON MEXICAN CLAIMS. 597 

Tiatorial contest, he was appointed by President Van 
Buren one of the commissioners to decide upon the 
claims against the Mexican government, under the 
convention of April, 1839. He held this office till the 
powers of the commission expired, in February, 1842, 
when he again retired to private life. His duties as 
commissioner had required his presence at Washing- 
ton for the greater part of the time, but he still regarded 
the city of Albany as his residence, as he has ever since 
done. 

He supported Mr. Van Buren for reelection in 1840, 
and the democratic state ticket headed by William C. 
Bouck. In 1842, he contributed to elevate the latter 
to the place which he had himself once occupied, and 
during his entire administration, was his friend and 
adviser. Though all the while decided in his political 
position and course, he did not actively engage in the 
politics of the state. When the democratic party of 
New York manifested symptoms of dividing upon state 
issues, he endeavored to prevent such a result, but his 
efforts to produce harmony, though temporarily suc- 
cessful, proved in the end to be unavailing. During 
the administration of Governor Bouck, the lines bejran 
to be drawn between the two factions of the party; 
the one adopting the extreme views of Colonel Young, 
in opposition to internal improvements unless imme- 
diately profitable, or yielding sufficient revenue to pay 
for the cost of construction and all other expenses ; 
and the other favoring a liberal system of expenditure. 



5&8 WILUAM L. MARCy. 

The first were the radicals, afterward called barnburn- 
ers, and the others the conservatives, or hunkers. 

Strictly s}>eaking, Governor Marcy, as has been 
intimated, occupied a position between the two ex- 
tremes, and therefore desired to keep the party together. 
The radicals, as is always the case with reformers, were 
somewhat intolerant and illiberal, and were probably 
rendered more so than they would otherv/ise have been, 
for the reason that many of the conservatives were 
equally violent in their opinions, and harsh in their 
policy. Men of moderate views were naturally thrown 
into the ranks of the conservatives. This was the case 
with Governor Marcy. In September, 1843, he attend- 
ed the democratic state convention held at Syracuse 
to select delegates to the national convention, at which 
a president and vice-president were to be nominated, 
as one of the delegates from the county of Albany. He 
was chosen to preside over the convention ; the con- 
servatives, and those who were as yet undecided as 
between the two factions, voting for him, and the radi- 
cals for Samuel Young. His first choice for the presi- 
dency was Mr. Van Buren, and so far as his influence 
could contribute to the nomination of that gentleman, 
it was cheerfully exerted. He was, however, one of 
the early friends of the annexation of Texas ; and when 
the Baltimore Convention decided to present the name 
of Mr. Polk, he cordially acquiesced in the result of 
their deliberations, and gave his support to the demo- 
cratic nominees. At the same election, he aided, by 



APPOINTED SECRETARX OF WAR. 599 

his vote and influence, in the elevation of Silas Wright 
to the office of governor ; and though not then a resi- 
dent of the state, he was in favor of his reelection, 
in 1846. 

When it was ascertained that Mr. Polk had been 
elected to the presidential chair, the friends of Governor 
Marcy felt anxious that he should be placed in a posi- 
tion suited to his character and talents. Several weeks 
previous to the inauguration, in pursuance of the re- 
quest of a majority of the democratic members of the 
New York legislature, and of the democratic represen- 
tation from this state in Congress, the president elect 
tendered him the place of Secretary of War, which he 
promptly accepted. The Senate unanimously con- 
firmed the nomination, and he entered upon the duties 
of the office soon after the inauguration of the new 
president. 

A cabinet appointment is not often a position calcu- 
lated materially to add to the reputation of the individ- 
ual who holds it, even where the highest talents, and 
the very best qualifications for the office, are evinced. 
As the responsibility is divided among the members of 
the cabinet, or assumed by the president, so the honors 
are either shared among a number, or nionopolized by 
the head of the administration. In ordinary times, 
Governor Marcy, whatever had been tlie abihty dis- 
played in the performance of his duties, might not have 
attracted any unusual degree of attention to his man- 
agement of the affairs of the department intrusted to 



W&V • WILLIAM L. MARCY. 

his charge. But the war with Mexico rendered his 
position one of more than ordinary importance. His 
spirit and genius, his practical talents, his sagacity and 
foresight, and the natural adaptation of his mind to the 
duties of an executive office, were of great value to Mr. 
Polk's administration. During the progress of the war, 
as victory after victory perched on our banners, the 
remark was often made, that if Madison had been so 
fortunate as to secure such an adviser at the commence- 
ment of the second war with Great Britain, tlie disas- 
ters of 1812 and 1813 would never have been witnessed. 
' Indeed, the country is as much indebted to his ability 
as the head of the war department, as to the military 
skill of the commanders in the field, for the brilliant re- 
sults of the contest with Mexico. In preparing and 
adopting the plans of the campaigns, in suggesting and 
directing movements and operations, in the selection 
of officers, in dispatching rnen and materiel to the ditTer- 
ent columns operating in the enemy's country, and in 
taking advantage of the tardy legislation or action of 
Congress, he demonstrated peculiar fitness for the sta- 
tion he filled, as well as comprehensiveness of mind, and 
force and energy of character. He was, in truth, as 
respected the conduct of the war in the American cabi- 
net, its master-spirit ; and the dispatches and instruc- 
tions that emanated from his ]x^n, bear witness to the 
deep interest wiiich he took in its prosecution, and to 
the able and faithful manner in v/hich he discharged 
his official functions. 



DIFFICULTY WITH OFFICERS. 601 

In his intercourse witli the officers of the army, he 
Avas frank, urhane, and courteous, yet never improperly 
surrendering fiis dignity. It was his fortune, — by no 
means an unusual occurrence, where generals at the 
head of armies are subordinate to executive authorities 
at home, — to be involved in controversies with the 
principal commanders, Generals Scott and Taylor, who- 
conducted the operations against Mexico. Both those 
officers were political opponents of the administration, 
and both cherished ambitious aspirations, or if not that, 
were influenced more or less by confidential friends 
not entirely free from partisan feelings and prejudices. 
Governor Marcy at no time called in question their 
bravery and ability, but in all his reports, bore the high- 
est testimony to their skilful and gallant conduct. Both 
officers, however, seem to have become impressed with 
the idea, that the administration desired to sacrifice 
them, in order to destroy their popularity, — overlooking 
the conclusive facts, showing the injustice of their sus- 
picions, that the administration had voluntarily placed 
them in positions where laurels were to be gained, and, 
in the case of General Taylor, overlooked officers of 
superior rank ; and that no misfortune could possibly 
have resulted to them, that would not have injured the 
administration in a tenfold degree. 

Governor Marcy defended himself against the charges 
preferred by those officers, in their official communi- 
cations, with great ability, and, as leading presses in 
the interest of both parties admitted, with entire suc- 

26 



602 >^ WILLIAM L. MARCY. 

cess. His replies were masterly documents, and so 
clear and conclusive, that no serious attempt was ever 
made by those officers or their friends to refute his 
statements and positions. His last letter to General 
Scott, dated on the 21st of April, 1848, was particularly 
able, and, as the following extract will show, pointed in 
its rebuke : — 

" By extending my comments upon your letter," said 
the Secretary in his reply, "I might multiply proofs to 
show that your accusations against the head of the war 
department are unjust ; that your complaints are un- 
founded; that the designs imputed by you to the gov- 
ernment to embarrass your operations, impair your 
rightlul authority as commander, and to offer outrage 
and insult to your feelings, are all the mere creations 
of a distempered fancy ; but to do more than I have 
done, would, in my judgment, be a work of superero- 
gation. 

" In conclusion, I may be permitted to say that, as 
one of the president's advisers, I had a full share in 
the responsibility of the act which assigned you to the 
command of our armies in Mexico. I felt interested 
even more than naturally appertained to my official 
position, that success and glory should signalize your 
operations. It was my duty to bring to your aid the 
efficient cooperation of the war department. I never 
had a feeling that did not harmonize with a full and 
fair discharge of this duty. / know it has been faith- 
fully perfoi'med. There are some men for whom 



ms INFLUENCE IN THE CABINET. 



G03 



enough cannot be done to make them grateful, or even 
just, unless acts of subserviency and personal devoted- 
ness are superadded. From you I expected bare justice, 
but have been disappointed. I have found you my 
accuser. In my vindication I have endeavored to 
maintain a defensive line, and if I have gone beyond it 
at any time, it has been done to repel unprovoked ag- 
gression. To your fame I have endeavored to be just. 
I have been gratified with the many occasions I have 
had to bear public testimony to your abilities and sig- 
nal services as a military commander in the field. It 
has been, and under any change in our personal rela- 
tions, it will continue to be, my purpose to be liberal 
in my appreciation of your distinguished military mer- 
its. In respect to your errors and your faults, though 
I could not be blind, I regret that you have not perkiit- 
ted me to be silent."* 

Confidential relations were naturally established be- 
tween President Polk and Governor Marcy, during the 
war with Mexico ; and the latter exerted no small 
degree of infiuence in the councils of the administra- 
tion aflecting other questions and interests. He had a 
full share in the settlement of the Oregon boundary ; 
he approved of the tarifi" of 184G, concurred in the \ 
general principles and views of Mr. Polk with regard 
to internal improvements by the general government, 
and advised a strict adherence to the old democratic 

* Executive Document, No. GO — House of Representatives, 1st ses- 
eion, SOth Congress — p. 1227. 



604 WILLIAM L. MARCY. 

doctrine of non-interference with the slavery question 
in the states. 

With the conservatives in New York, he supported 
General Cass for the presidency in 1848; yet, judging 
from his past course, and his political relations in for- 
mer years, he could not have been otherwise than grati- 
fied at the reunion of the two factions formerly com- 
posing the democratic party of the state, in the summer 
and fall of 1850. 

Upon the expiration of Mr. Polk's term, his cabinet 
resigned, and Mr. Marcy resumed his former residence 
at Albany, in the character of a private citizen. He is 
still in the enjoyment of sound health, and in the full 
vigor of his intellect. He has done the state some ser- 
vice ; but whether she will again summon him to her 
councils, is among the as yet undeveloped events wliich 
the future can alone reveal. If such be his fortune, 
however, he will, no doubt, do honor to himself and to 
his adopted state ; and there will be many friends to 
rejoice most sincerely in his success. 

Governor Marcy has been twice married. His first 
wife was a Miss Newell, a descendant of one of the 
early settlers of Sturbridge ; his second wife was a 
daughter of the late Benjamin Knower, formerly treas- 
urer of the state, and for a long time one of the most 
active and influential politicians belonging to the demo- 
cratic party in the city of Albany. 

As a private citizen, Governor Marcy has always 
been held in high esteem, for his good example in the 



CHARACTER AND AIJILITIC:?. 605 

fulfilment of social duties and obligations, for his jniblic 
spirit, and for his generous liberality. The All)any 
Academy, and the Albany Female Seminary, have been 
much indebted to him, for assistance as a patron, or 
counsel and advice as a trustee. 

In person he is rather above the ordinary hciglit ; 
his frame is stout and muscular, but not gross. His. 
forehead is bold and full ; his eyebrows heavy ; his 
eyes deep-set and expressive; and his mouth and chin 
firmly moulded. His appearance altogetlier, is calcu- 
lated to impress a stranger favorably, both in respect 
to his talents and his character. His manners are 
affable and courteous ; free from pretence, yet dignified. 
He possesses equanimity in a high degree, and a bon- 
homie as rare as it is captivating. His acquaintance 
is really an enjoyment, and society is indebted to just 
such men for its charms and attractions. 

He is considered to be a strict party man, but frank 
and honorable in his political course. Just before the 
expiration of his last term as governor, and after lii.s 
defeat, he was solicited to call a special session of the 
Senate, that the officers whose terms were about to 
expire might resign, and be reappointed ; but lie re- 
fused, to his honor, to comply with the request. He 
has the reputation of being a shrewd political tactician, 
and, probably, has never been surpassed in this respect, 
by any of the poliliclans of New York, except, it may 
be, Mr. Van Buren. Like him, while in public life, it 
seems to have ever been his polic}' to prevent the get- 



606 WILLIAM L. MABCY. 

ting up of state issues to interfere with the success of 
the democratic party of the nation. He is something 
of an optimist in politics, regarding everything as for 
the best, never disturbed by reverses, nor unduly elated 
by good fortune. He is well fitted, too, to rough it, — 
a desirable trait in a politician, for he has his dark days 
as well as his holidays, and he finds the roses strewn in 
his path often intermingled with thorns. 

He is not a graceful speaker, though always interest- 
ing; nor fluent, except when fully prepared for the 
occasion. But as a writer, he ranks deservedly high. 
His style is strong, pure and perspicuous, and flowing 
W'ith true Addisonian ease and elegance. His state 
papers are admirable compositions of their kind, and, 
like those of Clarendon and Bolingbroke, will be re- 
membered for their intrinsic worth lone: after the sub- 
jects to which they relate have lost their importance. 

His judgment of men and character rarely deceives 
him. He is a careful observer, cautious, prudent, and 
sagacious. His mind is practical ; ne quid nimis — 
there is nothing too much ; it is well-balanced, in noth- 
ing extraordinary, but in all respects above mediocrity, 
— not perfect, but complete. 




/(///// Gc\crncrof]\'m Yirk. 



-Lith Cl''Mu-/uli// IliNaAutnS! 



WILLIAM H. SEWARD. 

An able writer, in a work recently published,* com- 
pares Daniel Webster, when resting after one of his 
thrilling bursts of eloquence, to Hercules leaning on his 
club. The name of the distinguished orator and poli- 
tician at the head of this memoir, suggests a different 
picture, — that of the young Antinous, supporting him- 
self gracefully upon the slender spear with which he 
has followed the chase. Webster wields the mighty 
battle-axe of Richard, — Seward, tiie light scimitar of 
Saladin. The one is a man of iron ; the other, a man 
of soul. "Sympathy with his race, both with the mass 
and the individual, with the virtuous and for the de- 
graded, with the happy and the unhappy, with the white 
man and the black ; sympathy intense, unresting and 
universal, is the secret of Seward's character." f 

The Seward family came originally from Wales, and 
settled at a very early period in the province of Nev/ 
Jersey. John Seward, the grandfather of the governor, 
was a prominent citizen, and a leading: whiir, at the 
opening of the great drama of the Revolution, and com- 

* Magoun's Living Orators, p. 57. 

f Mrs. Maury's State.siueu of Amcricn, p. SI, 



608 ^ WILLIAM II. SEWARD. 

manded a regiment of militia, in tlie colonial service, 
throughout the war. His son, Samuel S. Seward, the 
father of Governor Seward, was educated as a physi- 
cian, and married Mary Jennings, the daughter of Isaac 
Jennings, who was of Irish extraction, — a circumstance 
that may have contributed, in no small degree, to ex- 
cite in the bosom of his descendant that sincere and 
devoted attachment to the home ol" his maternal an- 
cestors, to " the green valleys of Ireland," to the gi'eat 
cause of Irish Emancipation, and to the men who have 
advocated and upheld it, or died in its defence, for which 
he has been long distinguished. 

Just before the close of the eighteenth century, Dr. 
Seward removed with his family to Florida, in the 
town of Warwick, Orange county, New York. Having 
established himself there in practice, his business soon 
became lucrative, and his reputation widely extended. 
A goodly share of this world's wealth and honors fell 
to his lot. He v,as conspicuous for his public spirit 
and enterprise, for his kindness and liberality. He dis- 
pensed his charities with an open hand, and was a friend 
to religion, to improvement, to progress. He was a 
good scholar, passionately fond of reading and study, 
and a beneficent patron of institutions of learning. He 
was the founder of the Institute at Florida which bears 
his name, and to the close of his life was deeply interest- 
ed in its prosperity. He held various offices of honor and 
trust, and was for several years the first judge of Orange 
county. Though eccentric in some of his notions, he 



BIRTH AM) EDUCATION. 009 

was a good citizen, and, whether in a public or private 
capacity, was honored and esteemed by his neighbors 
and friends. He Hved to a good old age, and went 
down to his grave, in 1849, "like a sheaf of corn fully 
ripe." 

William II. Sewakd was born at the residence of 
his father, in Florida, on the IGth day of May, 1801. 
His boyhood passed away unenlivened by incidents 
of peculiar interest. A natural aptitude for learning, 
quickness of observation, and vivacity of temperament 
bordering upon enthusiasm, were the marked traits in 
his character. The scenes and associations clustering 
thick around his home in the Highlands — 

" Those mountains, that like giants stand, 
To sentinel enchanted land'' — 

imparted force, energy, and decision, to his mind ; and 
the ancestral legends to which he listened, filled his 
bosom with high thoughts and hopes of patriotic emu- 
lation. He inherited his father's love of letters and 
philosophy, and imitating his example, resorted to the 
well-springs of science for information, and from the 
fountains of poesy, drank sweet ins])iration. Superior 
talents were early developed, and Genius threw over 
him her robe, which, like the mantle of the prophet, 
gifted him v/ith her spirit and power. 

Possessing rare advantages, he appears to have im 
proved them well and wisely. He received the usual 
academical education, in his native village, and at 

26* 



39 



610 WILLIAM H. SEWARD. 

Goshen, in the same county. Having fitted himself for 
an advanced standing in Union College, he entered 
that institution, in the fall of 1810, as a member of the 
Sophomore class. 

He was at this time but a mere lad, yet he had formed 
habits of careful application. He was not so much a 
laborious, as he was an attentive student. He studied 
much, and read much. In the natural sciences he was 
well versed, but he made himself particularly familiar 
with the ancient and modern classics. Through the 
wide field of English literature he wandered in search 
of the true and the beautiful, and, culling the sweetest 
and the brightest flowers, garnered them safely for 
future years. 

But something more is essential to the student, than 
the mere knowledge derived from books. The educa- 
tion of the mind, said Quintilian, is as necessary to its 
improvement, as is the cultivation of the ground to 
insure fertility.* The mind is properly educated and 
disciplined, only by means of thought. While this is 
wanting, it is like the block of marble, gross and sense- 
less, waiting for the art and the genius of the sculptor 
to bring out the beauty and grace of the hidden Apollo. 
Without this, it is but a cold and inanimate rock, but 
with it, endowed with Hie, vigor, and activity, and, like 
the fabled statue in the East, uttering the glad Salamat 
of welcome, as it catches the inspiration that quickens 

* Ut si animum dicas excolenJum, sirailitudine utaris tevrse, qute 
neglectasentes atque dumos, exculta fructus creat. — Instit.Yih.y., cap. xi. 



STANDING AND CHARACTER AS A STUDENT. 611 

and informs it. True eloquence was never yet the 
handiwork of man, — 

" For all a rhetorician's rules. 
Teach uolhitig but to name his tools." 

So of inlellectual power, it is no mere device of human 
invention. Books are, indeed, useful in their way and 
place ; yet they but serve to introduce the scholar to 
the great storehouse of Science. He must there choose 
fv)r himself, and Thought is the good angel that will 
guide him aright. 

Young Seward thought and read with his pen in 
hand, lest Memory should drop a single one of the 
jewels he had gathered on his literary pilgrimage. He 
maintained a high standing among the first members 
of his class, and, while he gained the esteem of his asso- 
ciates, secured the approbation of his instructors. In 
January, iSiO, being then in the last year of his colle- 
giate coui"se, he withdrew from college for a vear, both to 
recruit his health, and because his friends did not deem 
it advisable for hirn to graduate so young. Six months 
of his absence from the classic shades of his Alma 
Mater, were spent in the southern states ; and the ob- 
servations which he then made, may, not improbably, 
have given character to the sentiments of his manhood 
with reference to slavery, and, what he has expressively 
termed, " the indefensible law of Physical Force."* 

* Argunieat before the Supreme Court, in the case of Van Zandt 
■&ds. Jones. 



612 WILLIAM H. SEWARD. 

Returning from the south, Mr. Seward spent six 
nrionths in the study of the law at home. He then re- 
entered college, as a member of the class next his own, 
now in the senior year, and finally graduated at the 
annual commencement in 1820. Among his classmates 
during the last year of his course, and v/ith whom he 
shared the highest honors of the institution, were Wil- 
liam Kent, formerly circuit judge, Dr. Laurens P. 
Hickock, one of the professors in the Auburn Theolo- 
gical Seminary, Professor Tayler Lewis of the New 
York University, and Archibald L. Linn, a distinguished 
member of the bar at Schenectady, and a representa- 
tive in the 27th Congress. 

The attractions and the duties of an active profes- 
sional and political career, have not rendered Mr, Sew- 
ard unmindful of his obligations to the institution at 
which he received his education. In the welfare and 
prosperity of Union College he has ever interested him- 
self, and has alu-ays felt rejoiced when circumstances 
have permitted him to appear "on the old familiar cam- 
pus on commencement day." Nor, on the other band, 
hns he been forgotten by the beloved mother whose 
offspring are scattered all over the Vv'orld, and yet are 
not so numerous as to o'ertax her love. His mem.ory 
is still treasured in her halls, and the promise of his 
youth is remembered in connection with the fame which 
he has achieved. He has, also, brought the laurels 
he had won, and laid them at her feet, while he ad- 
dressed words of counsel to those who filled the places- 



ADDRESS BEFORE THE PHI BETA KAPPA. 613 

of himself and his associates, and, like them, were fit- 
ting for the world's high arena. 

At the annual commencement in 1844, he delivered 
the address before the Phi Beta Kappa Society at Union 
College, of which he was a member.* His theme was 
" The Elements of Empire in America." It was well 
chosen, and the address, is marked by a chastened tone, 
and an elevation of sentiment, not of rare occurrence, 
nor yet always to be found, in his popular addresses. 
The following passages, taken from the conclusion, are 
among the most truly eloquent, though, perhaps, not 
the most striking specimens of his style : 

" We engage ihe obedieRce of the citizen, by intrusting him with a 
constituent and equal part of that suffrage which keeps the entire ma- 
chine of government in operation. The ballot is put into his hand as a 
weapon whereby he may peaceably guard against oppression, and re- 
dress it. We expect him, therefore, to acquiesce in the will of the 
majority, and we know that at least he wJU bo overborne by it. This 
is, I think, a true exposition of the principles of universal suffrage. 
Our Declaratii >n of Independence rejects altogether the theory that the 
Right of Suflirage is a trust to be conferred on some, and withheld from 
others, but asserts aa absolute equality of natural and political right. 
The ancient Egyptians had less veneration for kings than is exhibited 
by the modern Europeans. The people of the NUe brought their sove- 
reigns to solemn trial after death ; but the kings of Europe pass no 
political ordeal in life, or after deatli. We bring all our functionaries 
to periodical account, and the continuance of tfieir power depends on 
then: winning the popular verdict. If we gain no more by our system, 
we secure at least this, the maintenance of Law and Order by popular 

* The address was repeated, the same year, before the Literary 
Society of Amherst College. 



614 , ^ . WILLIAM H. SEWARD. 

submission -without forc£. What Great Britain has expended to sup- 
port armies and navies in the last century would have been sufficient 
to purchase her Eastern dominions. True, turbulence has sometimes 
happened in populous cities, and more rarely even in agricultural dis- 
tricts. But what precious freedom has been eajoyed with these occa- 
sional disorders 1 The mere impressment of seamen and soldiers- 
necessarily tolerated by every military people, annually produces 
more misery and wretchedness than have flowed from all the com- 
motions and disorders which have happened in this republic. And 
what country has been so much exempted from turbulence ? Ta argue 
the weakness of laws because human passions sometimes revolt against 
their restraints would be to plead fi»r absolute despotism. Besides, is 
no time to be allowed us to perfect laws, and improve morals, in har- 
mony with institutions so new and peculiar ? 

" But popular suffrage is not without other advantages. It secures 
generally an administration as wise and as beneficent at least, as any 
other people enjoys. Popular elections certainly and periodically re- 
curring, are more effective in their influence upon magistrates than 
even the terrors of the scaffold would be. Look through the catalogue 
of Executive magistrates who have jiM-esided over the republic, and 
answer whether a succession of wiser and better men have ever swayed 
empire in ancient or modern times ! We have combined a system of 
universal public instruction with oniversal suffrage. It seems to us 
that it would have been fortunate if the schoolmaster could always 
have preceded the democratic constitution. But that could rrot be. 
God bath not .so willed, but hath willed generally the reverse. It 
must suffice, therefore, if knowledge can be made to follow suffrage 
fast enough to guaranty liberty and public order. 

" Volumes, profound volumes, have been written by philosophic 
men, to prove the despotism of the popular majority — the despotism 
of the American majority. True, it is absolute. There must be power 
somewhere and somehow to compel obedience. But did ever the 
American majority issue lettres de cachet as did Louis XIV ? Did it 
ever convict and immure citizens for conspiracy to obtain amendments 
of the constitution by right of petition and the elective franchise, as has 



ADDRESS BEFOEE THE PHI BETA KAPPA. 615 

been done in Great Britain withia the present year ? The despotism 
of the majority ! Why, tlie despot at least is dianged often enough, 
and with it the oppression. The majority of yesterday is tlie minor- 
ity of to-day. Yet, strange to say, tliis objection to our system is urged 
at tJie same time and in tlie same breath with raillery against the sup- 
posed inconsistency of popuJar opiiiiou, reEderiog all the jx/licy of gov- 
ernment capricious and vacillating. 

" These great principles of popular government, or, in other words, 
of Popular Freedom, tend to save tlie State from civil commotion, and: 
to develop its energies, and ought to be ranked among the forces which 
constitute our national streogtli. 

" While we admit tiie general justice of European opinions of our 
attainments in Science aijd Literature, we must he allowed to insist 
that higher exoillence will be reached, althougli the pretension is fre- 
quently derided. Certainly, American niirul has made some progress 
since tlie long dispute concerning its capacity began. No critic now 
asks, ' Who sees an American book V On the contrary, even in Europe 
he would probably be thought not a very enlightened statesman who 
had never studied an American Constitution, or read an American 
state j^aper ; nor lie a perfect scholar who had never read an American 
book ; nor lie a complete mediaiiic who was ignorant of all American 
iaventioas. I do not pai-ade names. But it seems to me tliat there 
are speeches, histories, poems, and sermons, at least, whidi are not un- 
worthy to be ranked .with English classics. Moreover, if I do not err, 
the American press is beginning to be Americui, and is forming a 
mind and a character not altogether imitative of European standards, 
Dor inferior to them. It must be so. Mind here is equal i/i mind else- 
where. Advantages of educaticjn are, or are certaiei Ut become, more 
universal. Do you not see that instead of Jeaving public instruction to 
the care of government, as has been done so ueifortuuatcly elsewhere, 
and engaging, at most, only one religious .sect in its Ijelialf, that here 
the people take the precious cause into their own care, and Presbyte- 
rian, and Episcopalian, and Baptist, and Methodist, and Trinitarian, and 
Unitarian, and Protestant, and Catholic, and Jew, and Gentile sects 
emulate each otlier iii educatiiig the people ? Society here is as certain 



016 



WILLIAM H. SEWARD. 



to want intellectual aliment as elsewhere, as it consumes more already 
than is consumed elsewhere. If it be asked, why are we still inferior ? 
The answer is obvious. Every community produces first what it most 
needs. Physical labor and effort in the organization of society have 
hitherto been most needed. Few deny that the Americans are becom- 
ing a commercial people. But it would be as pertinent to inquire 
why London excels New York in trade, as it is to inquire why that 
city is inferior to London in the cultivation of Science and the Arts. 

" Religion is an indispensable agent in every society. But every 
religion except Christianity has been a fraud, practiced by the state on 
the consciences of the people, to induce blind obedience to civil author- 
ity, and often as blind hatred against other communities, and even mu- 
tual hatred between members of the same community, except in the 
United States. Christianity, although incidentally promoting good 
jnorals, has been generally made subservient to the same State policy. 
How ha.s it been for tiie last two hundred years even in Britain ? 
Among us, and for the first time since the reign of Constantine, Chris- 
tianity has withdrawn from alliance with the civil power, and devoted 
herself exclusively and assiduously to her great office of teaching mo- 
r^tlity, virtue, and charity, and the hopes of immortality. Society is 
already exhibiting the fruits of these instructions ; and here is to be 
illustrated, at least, that unity of the Christian cliurch which has been 
an article in the creed of every sect, but apparently has been under- 
stood by none, an agreement of faith in the RedeeSier of men — uniting 
all the believers in a common hope of salvation, and yet permitting all 
that diverseness of opinion, and associations and forms of worship, that 
the exercise of individual judgment upon even the oracles of divine 
truth must ever produce. ' Righteousness exalteth a nation, but sin is 
ft reproacli to any people.' A religion, then, thus pure, charitable, and 
efficient, must have the first place among the elements of empire. 

" The chief grace of nations and of men is moileration. It was this 
that elevated Washington above comparison with Alexander, with 
Caesar, with Cromwell, with all men. It was moderation that made 
the reigns of Augustus and Hadrian golden ages of tlie Roman Empire, 
and that of Alfred the most beneficent in the historv of Britain. What 



ADDRESS BEFORE THE THI BETA KATPA. C17 

shall impart moderation to iiidivldual and imtional character if it 
spring not from the elements of empire we have indicated ? Soon the 
industrial spirit which now appears so mercenary will have diffused 
comforts and luxuries throughout society, and will be directed into 
channels of beneficence. Be it remembered, that though the passion of 
Avarice has its votaries iu every society, masses are never mercenary, 
nor is avarice even general, except when want is prevalent. Abstract- 
ly, man is not avaricious. Want, or the dread of it, generates cupidity. 
Soon the schools we have founded, and the libraries we are establishing, 
will produce an elevation of motives. Conscious dignity may well be- 
long to tlie American ; for the American citizen ' is he to whom the 
liighest has descended, and the lowest hath mounted up, who is the 
equal and kindly brother of all.' Equanimity ought to distinguish a 
people, who fear no danger from without, and dread no sedition. Mo- 
rality, and virtue, and benevolence, must prevail where Religion is 
left free to her native and proper ministrations, else its preaching is 
vain, and our hope is also vain. If I be not deceived, I can discover 
all these influences already meliorating, elevating, and dignifying the 
character of the American people. 

" We have thus examined the condition of the people, in which, as 
Patriots, it is our duty to labor. We cannot predict how soon, or how 
great, or even of what nature, will be the harvest ; for who hath tabled 
the long seasons through which nations pass ? And who can predict 
their crimes, and the just judgment of God ? Nevertheless we may 
humbly hope that the further development of these 'powers and 
forces' of ' our estate,' with ' God's blessing upon our posterity,' may 
tend at least to correct the sentiments of mankind concerning what 
constitutes true National Greatness, the just end of Human Society ; 
and that our example may in some measure lead to ' bring force under 
thought, animal courage under the spiritual,' Freedom above Ambi- 
tion, and Humanity above Power. 

"Gentlemen: These speculations may seem to you to be imbued 
with the spirit of optimism. But optimism is essential to philanthropy. 
You will be careful how you test political speculations more than Di- 
vine prophecies by evidences of their speedy fulfihnent If you can- 



618 WILLIAM II. SEWARD. 

not discover tbe growth of tlie most vigorous plant but by noting its 
height at intervals, think not that a hasty survey will ascertain the 
progress of Human Society. 

" The object of this discourse is not to minister to national pride, al- 
ready perhaps too mucli inflated ; but on an occasion when so many 
of those who have summoned me here are entering on the busy stages 
of life, it seems not unwise to direct their thoughts for an hour to the 
destinies of their country, and to show them that ' far superior to the 
mere objects of a grovelling ambition, and above all party and person- 
al considerations,' these are interests worthy of constant and undymg 
devotion. Scarcely do we assume our responsibilities as citizens, be- 
fore we perceive that Society is agitated by two contending elements, 
which never combine — the spirit of Progress and the spirit of Conserv- 
atism. If we yield unresistingly to Progress, we hurry forward, reck- 
less of the suggestions of Fear and of the counsels of Experience ; and 
madly plunge our country into Anarchy, from whence there is no 
return but through the long, dark domain of despotism. If we sur- 
render ourselves to Conservatism, we fear to advance, though urged 
forward by Humanity, and assured by Reason, that the way has all 
been carefully explored. We hold our country back from her onward 
course until she is crushed under institutions silently dilapidated by 
the ever-flowing current of Time. The impulsive spirit wins the 
young, the bold, and the generous. The retarding one, the timid, 
the experienced, and the sagacious. They magnify the danger of ad- 
vance, while they do not conceive the impossibility of rest. To ' still 
the noi:?e of the waves and the tumults of the people,' is an attribute 
of Almighty Power. Long opposition to popular impulses, which are 
irresistible, and fruitless eff'orts to enforce regularity of which human 
action is incapable, weary the impatient but well-meaning Conserva- 
tive, and he retires in the midst of his country's improvement and 
prosperity, to complain of declining virtue and to forebode impending 
calamities. Let us remember that both agencies, antagonistical as 
they seem, are one ; and they constitute the element of Social Ln- 
provement, regulated in its action by the universal law of reciprocating 
compensation. What seems the spirit of Progress, is the everlasting 



STUDIES LAW. 619 

inherent force of society, and the other is its rest, which is reaction. 
' As even spiritual music is only obtained from discords set in unison, 
but for Evil there would be no Good ; and Victory is possible only by 
Battle.'* 

"Thus believing, let us not indulge the discouraging thought, how- 
ever reverential, that our fathers were wiser or even better than we can 
be ; or that other disheartening fear, that our children, or their chil- 
dren, will degenerate. Let us rather trust and hope in the Future, 
within whose veil Providence directs that every anchor shall be cast. 
Let us be assured that although the foundations of Empire are laid in 
our country, we may in some small degree at least shape the great 
superstructure ; and that although the career of civilization is well be- 
gun, yet it shall end only with Time, and that even our feeble hands 
may somewhat regulate its velocity and guide its course. 

" If such belief were less philosophical, I still would cling to it ; for 
man with powers for beneficence, but without occasion for their exer- 
cise, would of all beings be most miserable. Let others choose a differ- 
ent course : as for me, if I must err, let me not droop in the gloomy 
shades of Despondency, but rather ' let me lose my way in the sunlit 
illusions of Affection, of Patriotism, and of Philanthropy.' " 

After leaving college, Mr. Seward pursued the study 
of the law, in the city of New York, with John An- 
thon, well and widely known as one of the ablest and 
most sagacious counsellors in the chief commercial 
city of the state and union ; and completed his term 
of clerkship with John Uuer and Ogden Hoffman, who 
were then practicing the law at Goshen. Both those 
gentlemen liave since risen to distinction : the former 
has been for many years one of the leading and most 
talented members of the New York bar, and now 
adorns the bench of the Superior Court, with his 
* Carlyle. 



WILLIAM 11. SEWARD. 



learning, his virtues, and his integrity ; the latter has 
distinguished himself as a member of Congress, has 
been District Attorney of the southern district of New 
York, and has gained the highest honors of his profes- 
sion as the reward of his skill and eloquence as an 
advocate. 

For about six months previous to the expiration of 
his clerkship, Mr. Seward was associated in practice 
with his preceptor, Mr. Hoffman. He was duly ad- 
mitted to the bar, at the October Term of the Supreme 
Court, in 1822, and shortly after made preparations to 
locate permanently in western New York. Having 
visited Auburn, then a small but thriving village, he 
was pleased with the situation and prospects of the 
town, and concluded to establish himself there. This 
has continued to be his place of residence, except for 
brief periods, up to the present time. 

He commenced the practice of the law in Auburn, 
on the 1st day of January, 1823, without the assistance 
of influential friends, and with no patronage except the 
declining business of Elijah Miller, for some years pre- 
vious a leading politician, and a prominent member of 
the bar in the county, who was then withdrawing from 
his profession, and whose daughter Mr. Seward after- 
ward married. The dependence of the latter was upon 
himself, — upon his native energy of character, upon the 
rich intellectual endowments with which nature had 
gifted him, and upon a mind well instructed and a 
judgment well disciplined. With such advantages 



PROFESSIONAL SUCCESS. 621 

and supports on which to rely, and thus fitted for tlie 
championship at the bar, he entered upon his profes- 
sional career. 

The profession of the law is au honorable one. Its 
study is calculated to strengthen and expand the mind ; 
and its practice, if pursued in the love of justice and 
of truth, will elevate the heart and fill it with noble 
aspirations. Its themes are as inspiriting as those pre- 
sented to the competitors in the Odeum during the fes- 
tival of the Panathenaea ; and if, as a profound philoso- 
pher has intimated, the highest powers of oratory are 
called forth only in the defence of the right,* the advo- 
cate has the best of motives to arouse and stimulate 
his eloquence. Its honors and its triumphs are suffi- 
cient to satisfy any man's ambition ; and its rewards, 
when fairly earned, Uke the civic crown of Augustus, 
are the perpetual memorials of good and worthy deeds. 
Its temptations, indeed, are as seductive as the prizes 
which it offers are brilliant ; " the shining fruit," as the 
apples from the garden of the Hesperides, often allure 
the unwary ; but he whom virtue has panoplied, is 
proof against enticement, and, pressing boldly forward, 
is almost sure to win the bright coronal of fame. 

Mr. Seward rose rapidly to eminence at the bar. 
At an age when most lawyers are dreaming of future 
success, he was reposing on his laurels. His competi- 
tors were men of high character and talents, but he 
soon equalled or outstripped them all. Ambitious to 

* Bacon, De Aug. Sci., lib. vi.,cap. iii. 



622 WILLIAM H. SEWARD. 

excel, persevering and industrious, he proved a formi- 
dable antagonist when opposed to those who were far 
naore experienced than himself. He was well grounded 
in the great fundamental principles of legal science, 
and ample preparation, both in thought and study, was 
given by him to every cause, before trial or argument. 
With fidelity to the interests of his clients, he united 
that honorable bearing which is so bright an ornament 
in the professional character. His rivalry was earnest, 
but high-minded ; striving zealously for superiority, but 
remembering that success, if sullied by dishonor, is 
worse than defeat. 

In argumentative, pathetic, or declamatory eloquence, 
he was excelled by few of his contemporaries. In the 
trial of causes he was not unusually skilful ; but in 
swaying the minds and judgments of a jury, he had 
great success. His appeals in behalf of the wronged 
and oppressed, in defence of injured innocence, and in 
vindication of those who had been unjustly assailed, 
were eloquent and impassioned, and powerfully affected 
the sympathies and sensibilities of his hearers. 

Until within a comparatively recent period, no par- 
ticular attention has been paid, either in England or 
America, to the preservation of the best specimens of 
legislative and forensic eloquence. Mr. Pitt once said, 
that a speech of Bolingbroke was a greater desideratum 
than any of the lost treasures of ancient literature ; 
and we of a later age, might almost say the same of 
the gifted premier of England and his gifted sire, — for 



^ FORENSIC ELOQUENCE, 623 

their fame rests rather upon tradition tlian upon the 
fragnnents of speeches which have been handed down 
to us. We have most of the brilhant efforts of Curran 
and Erskine, but scarce anything of their distinguished 
rivals and compeers, of Duller or Eldon, of Ellenborough 
or Clare. History tells us of the effect produced by 
the eloquence of Otis, Adams, and Lee, but presents no 
examples that we may judge of its character. Parsons 
and Dexter, Hamilton, Burr, and Livingston, Harper 
and Pinkney, were long the ornaments of the Amer- 
ican bar, yet their oratory is but little more than a 
memory. 

The arguments and speeches of Mr. Seward at the 
bar, which have been preserved, are not numerous, and 
most of them are of recent date. One of his best ef- 
forts was made in the case of The People against Free- 
man, on behalf of the defendant, who was tried for 
murder at the Cayuga circuit, in July, 1846. The 
offence was apparently of a most aggravated charac- 
ter ; the prisoner, who was a colored man, and had 
been a convict in the state prison, had slain nearly a 
whole family, — a Mr. Van Nest, his wife (who was 
enceinte), their young child, and the mother of Mrs. Van 
Nest ; and, under such circumstances, it was, perhaps, 
but natural that popular ])rejudice should be exceed- 
ingly strong against the accused. It was thought by 
some that the prisoner was insane, and Mr. Seward 
became convinced, in his own mind, that this was 
really the case. He tlierefore volunteered to defend 



624 WILLIAM H. SEWARD. 

him. The preliminary issue, as to the sanity of the 
prisoner, was first tried ; and the jury decided that he 
was sane enough to be tried, although they could not 
conscientiously say he was of sound mind. He was 
then tried on the indictment for murder, and the de- 
fence of insanity was again set up, but it proved inef- 
fectual. The prisoner was convicted, in spite of the 
eloquent efforts of his counsel, yet in a few weeks he 
died, while still in confinement, a confirmed and un- 
doubted lunatic. The following are extracts from the 
address of Mr. Seward to the jury, in summing up the 
evidence on the main trial : 

" For William Freeman, as a murderer, I have no commission to 
speak. If he had silver and gold accumul.ated with tlie frugality of 
Crcesus, and should pour it all at my feet, I would not stand an hour 
between liim and the Avenger. But for the innocent, it is my right, 
my duty to speak. If this sea of blood was innoccnthj shed, then it is 
my duty to stand beside him until his steps lose their hold upon the 
scaffold. * * « 

'■ I plead not for a murderer. I have no inducement, no motive to 
do so. I have addressed my fellow-citizens in many various relations, 
when rewards of wealth and fame awaited me. I have been cheered 
on other occasions, by manifestations of popular approbation and sym- 
pathy; and where there was no such encouragement, I had at least 
the gratitude of him whose cause I defended. But I speak now in the 
hearing of a People who have prejudged the prisoner, and condemned 
me for pleading in his behalf. He is a convict, a pauper, a negro, with- 
out intellect, sense, or emotion. My child, with an affectionate smile, 
disarms my care-worn face of its frown whenever I cross my threshold. 
The beggar in the street obliges me to give, because he says ' God 
bless you,' as I pass. My dog caresses mo with fondness if I will but 
smile on liim. My horse recognizes me when I till his manger. But 



DEFENCE OF FREEMAN. 625 

what reward, what gratitude, what sympathy and affection can I ex- 
pect here ? There the prisciner sits. L(x)k at him. Look at the as- 
semblage around you. Listen to their ill-suppressed censures and 
their excited fears, and tell me where among my neiglibors or my fel- 
low-men, where even in his heart, I can expect to find the sentiment, 
the thought, not to say of reward or of acknowledgment, but even of 
recognition. I sat here for two weeks during the preliminary trial. 
I stood here between the prisoner and tin- jury nine hours, and pleaded 
for the wretch that he was insane, and ilid not even know he was on 
trial: and when all was done, the jury thought, at least eleven of them 
thought, that I had been deceiving them, or was self deceived. 'I'hey 
read signs of intelligence in his iiliolic smile, and of cunning and malice 
in his stolid insensibility. They rendered a verdict that he was sane 
enough to be tried — a contemptible compromise verdict in a capital 
case ; and then they looked on, with what emotions God and they 
only know, u,pon his arraignment. The district attorney, speaking iu 
his adder ear, bade him rise, and reading to him one indictment, asked 
him whether he wanted a trial; and the poor fool answered, Xo. — 
Have you Counsel ? No. — And they went through the same mockery, 
the prisoner giving the same answers, until a third indictment was 
thundered iu his ears; and he stood before the court, silent, motionless, 
and bewildered. Gentlemen, you may think of this evidence what you 
please, bring in what verdict you can ; but I asseverate before Heaven 
and you, that, to the best of my knowledge and belief, the prisoner at 
tlie bar does not at this moment know why it is that my shadow falls 
on you instead of his own. 

" I speak with all sincerity and earnestness ; not because I expect 
my opinion to liave weight, but 1 would disarm the injurious impression 
that I am speaking, merely as a lawyer speaks for his client. I am 
not the prisoner's lawyer. I am, indeed, a volunteer in his behalf ; but 
Society and Mankind have the deepest interests at stake. I am the 
lawyer for Society, for Mankind, shocked beyond the power of expres- 
sion, at the scene I have witnessed liere of trying a Maniac as a Male- 
factor. * * * 

" The learned gentlemen who conduct this prosecutiim have attempted 
27 



40 



626 WILLIAM H. SEWARD. 

to show tliat the prisoner attenJerl the trial of Honry "Wyatt, whom I 
defended against an indictment for murder, in this Court, in February 
last ; that he listened to me on that occasion in regard to the impunity 
of crime, and that he went out a ripe and complete scholar. So far as 
these reflections aiTuct me alone, they are unworthy of an answer. I 
pleaded for Wyatt then, as it was my right and my duty to do. Let 
the counsel for the people prove the words I spoke, before they charge 
me with Freeman's crimes. I am not unwilling those words should be 
recalled. I am not unwilling that any words I ever spoke in any re- 
sponsible relation should be remembered. Since they will not recall 
those words, I will do so for them. Tliey were words like those I 
speak DOW, demanding cautious and impartial justice ; words appealing 
to the reason, to the consciences, to the humanity of my fellow-men ; 
words calculated to make mankind know and love each other better, 
and adopt the benign principles of Christianity, instead of the long- 
clieri.-ihed maxims of retaliation and revenge. Regardless as I have 
been of the unkind construction of my words and actions by my co_ 
temporaries, I can say in all humility of spirit, that they are freely left 
to tlie ultimate, impartial consideration of mankind. You have now 
the fate of this lunatic in your liands. To him as to me, so far as we 
can judge, it is comjiaratively indifferent what be the issue. For aught 
that we can judge, tlie prisoner is unconscious of danger, and would be 
insensible to suffering, let it come when it might. A verdict can only 
hasten or retard, by a few months or years, the time when his bruised, 
diseased, wandering and benighted spirit, sliall return to Him who 
sent it forth on its sad and dreary pilgrimage. 

" The circumstances under which this trial closes are peculiar. I 
have seen capital cases where the parents, brothers, sisters, friends of 
the accused, surrounded him, eagerly hanging upon the lips of his ad- 
vocate, and watching, in the countenances of the court and jury, every 
smile and frown which might seem to indicate his fate. But there is 
no such scene here. The prisoner, though in the greenness of youth, 
is withered, decayed, senseless, almost lifeless. He has no father here. 
The descendant of slaves, that father died a victim to the vices of a 
superior race. There is no mother here, for her child is stained and 



ADDRESS TO THE JURY. 627 

polluted with the blood of mothers and of a sleeping infiint ; and he 
' looks and laughs so that she cannot bear to look upon him.' There is 
no brother, or sister, or friend here. Popular rage against the accused 
has driven them hence, and scattered his kindred and people. On the 
otlier side I notice the aged and venerable parents of Van Nest and 
his sucviviag children, and all around arc mourning and sympathizing 
friends. I know uot af whose instance they have come. I dare not 
say they ought not to be here. But I must say to you that we live in 
a Christian and not in a savage state, and that the afHiction which has 
fallen upon these mourners and us, was sent to teach them and us, 
mercy, and not retaliation; that aUliough we may send this maniac 
to the scaffold, it will not recall to life the manly form of Van Nest, 
nor reanimate the exhausted frame of that aged matron, nor restore to 
life, and gra.ce, and beauty, the murdered mother, nor call back the 
infant boy from the arms of his Savior. Such a verdict can do no good 
to the living, and carry no joy to the dead. If your judgment shall be 
swayed at all by sympathies so wrong, altliough so natural, you will 
find the saddest hour of your life to be thiit in v.diich you will look 
down upon the grave of your victim, and ' mourn with compunctious 
sorrow,' that you sliould hai'^e done so great injustice to tlie ' poor hand- 
ful of earth that will lie mouldering before you.' 

" I have been long and tedious. I remendxr that it is the harvest 
moon, and that every liour is precious while you are detained from 
your yellow fields. But if you shall have bestowed patient attention 
throughout this deeply interesting investigation, and sliall in the end 
have discharged your duties in the fear of God and in the love of truth, 
justly and independently, you will have laid up a store of blessed 
recollections for all your future days, imperishable and ine.Khaustible." 

Mr. Seward has been more or less actively engaged 
in his professional pursuits, except while he was governor 
of the state, ever since he first commenced practice. 
During his residence at the seat of government, and 
in the intervals of relaxation from his executive duties, 



628 WILLIAM H. REWARD. 

he went back to the fountains of legal lore, and re- 
freshed and reinvigorated his mind. Opportunities for 
study and reflection were afforded him, of which he 
carefully availed himself In general literature he be- 
came still more of a proficient, and he added a great 
deal to his stock of professional learning. When, 
therefore, he returned to the bar, in 1S42, he brought 
with him, not additional experience, but improved 
mental powers and capacity, that have sustained him, 
creditably and honorably, on occasions such as he bad 
never before enjoyed for the display of his talents. 

He now stands, confessedly, in the front rank of the 
members of the New York bar ; and in the courts of 
the United States he has met the ablest lawyers in the 
Union. His learning and accomplishments have ap- 
peared in contrast, not unfavorably to him, in the Su- 
preme Court at Washington, with those of Webster 
and Clay, of Jones and Sergeant and Crittenden. In 
his contests with such antagonists his intellectual ener- 
gies have been severely taxed, but each new trial 
seems to have developed increased strength and power. 

or late years his time and attention have been taken 
up, in a considerable degree, by a number of important 
causes in the district and circuit courts, and in the 
Supreme Court of the United States, growing out of 
alleged infringements of patents for inventions. These 
he has managed v.ith great ability, and generally with 
good success. At the Cayuga circuit, in February, 
1846, he defended Henry Wyatt, who was charged 



POLITICAL COURSE. 



with the murder of a fellow-convict in the state prison 
at Auburn ; and in 1847, he argued the case of Jones 
against Van Zandt, before the Supreme Court of the 
United States, suit having been brought against his 
client, the defendant, to recover the penalty, under the 
act of 1793, for harboring and concealing a fugitive 
slave. 

While Mr. Seward was a student at law, his political 
sympathies were with the republican party, and, as be- 
tween the two factions, he was probably more friendly 
to the bucktails than to their opponents. The doc- 
trines of which Jefferson, Madison, and Monroe had 
been the representatives, and which the Clintons, 
Tompkins, and Van Buren, had defended in the state 
of New York, were those which he was led, by his 
early associations, to espouse. Admiration of the per- 
sonal character of DeWitt Clinton he always cherished, 
and after his removal to western New York, when he 
saw the practical results of the canal policy which the 
former had advocated, he was induced to adopt the 
views of that eminent citizen in regard to internal im- 
provements, and they have ever since influenced his 
political course and conduct. With reference to the 
electoral law question in 1824, he also coincided with 
Mr. Clinton, and in that year he separated from the 
republican party of the state, then under the guidance 
of Mr. Van Buren, and became one of the most ardent 
supporters of his distinguished rival. 

Opposition to the extension of slavery in the United 



630 WILLIAM H. SEWARD. 

States beyond its original limits, and to the increase or 
strengthening of the slave power, have ever been car- 
dinal doctrines in the political creed of Mr. Seward. 
His opinions on this subject were formed during the 
protracted controversy and agitation upon the admis- 
sion of Missouri into the Union, and subsequent events, 
instead of modifying, have tended to confirm them. 
He then thought that the republicans of Nev/ York had 
manifested too much subserviency to what he cob- 
sidered Southern dictation, and, rejecting the idea that 
the republican party of the North was the natural 
ally of the South, he was not disposed to make further 
concessions. What bad been already conceded, he 
was willing should remain undisturbed ; but to yield 
more, he thought was both unwise and unnecessary. 

For nearly a quarter of a century following the ad- 
ministration of the elder Adams, the executive power 
of the Union had been in the hands of persons residing 
in the slave-holding states, — republicans, indeed, of the 
straitest sect, but inclined, by education and associa- 
tion, to favor the section of the confederacy in which 
they had always resided, and its peculiar institutions. 
When, therefore, the time caoie for choosing a suc- 
cessor to Mr. Monroe, among the number of those who 
desired that a change should be made in this respect, 
was Mr. Seward. There were several candidates for 
the presidency brought forward by their respective 
friends in different sections, all of whom claimed to be 
republicans. The views and measures which John 



SUPPORT OF JOHN QUINCY ADAMS. 631 

Quincy Adams was understood to have advocated in 
the cabinet of Mr. Monroe, particularly as they favored 
a more liberal construction of the federal constitution 
than was generally tolerated in the old republican party, 
received the hearty approbation of Mr. Seward : this 
concurrence in sentiment was followed by admiration 
for the man, and when the chances and changes of po- 
litical life threw them together, a warm attachment was 
formed, which did not terminate with the mortal ex- 
istence of his friend, but still clings, undiminished in 
force and intensity, to his memory. 

During the entire period that Mr. Adams served in 
the popular branch of the national legislature, subse- 
quent to his retirement from the presidential chair, 
Mr. Seward regarded his course with mingled senti- 
ments o^ love, admiration, and reverence. His bold- 
ness in opposing the extension of slavery, and in de- 
fending the right of petition and the freedom of speech, 
and the tenncity witli which he adhered to his prin- 
ciples, established a common bond of sympathy that 
was never broken. Though they may have differed 
upon minor points of detail or expediency, — where 
great and important interests were at stake, affecting 
the relations of the non-slaveholding states, or concern- 
ing the rights and liberties of the citizen, whether bond 
or free, their aims and their sympathies pointed in the 
same direction. 

In the summer of 1843, Mr. Adams visited Lebanon 
Springs, Saratoga, and Niagara Falls, by the Cham- 



632 WILLIAM H. SEWARD. 

plain and Canada route ; and on his return to Massa- 
chusetts, he travelled through the state of New York, 
by railroad, from Buffalo to Albany. At all the prin- 
cipal towns and cities through which he passed, he was 
welcomed with high honors, and his journey became a 
continued ovation. Mv. Seward was selected by the 
citizens of Auburn, without distinction of party, to ad- 
dress the venerable sage and statesman on their behalf, 
— a duty which he discharged with his accustomed 
ability and eloquence. 

A few years later, and all that was mortal of the 
younger Adams was laid beside his father in the burial- 
ground at Quincy. One of the first to do honor to the 
dead, and to lay his tribute of respect upon the grave 
of one whom all delighted to honor, was his political 
and personal friend, Mr. Seward. Shortly after the 
decease of Mr. Adams, in 1848, upon the invitation of 
the legislature of New York, the former pronounced an 
admirable eulogy before that body.* This is one of 
the happiest efforts of his genius, and, perhaps, may 
with justice be characterized as the best specimen of 
his style, so far as concerns his popular addresses. It 
is a labored effort, highly ornate, and, in some of its 
passages, may be called florid. Yet the author has en- 
tirely avoided that turgidity of manner and style to 

* Mr. Seward also commenced the preparation of a popular memoir 
of Mr. Adauis, but. on account of the pressure of bis other engage- 
ments, he was unable to finish it. It was afterwards completed by a 
friend, and in that shape was published at Auburn. 



EULOGY ON THE DEATH OF ADAMS. 633 

which men of his enthusiastic temperament and acute 
sensibiHties are inchned to be partial, and from which 
the productions of his pen cannot be said to be wholly 
exempt. 

The whole eulogy is beautiful, impressive, and elo- 
quent, but the crowning gem is the conclusion, in 
which he contrasts the career and death of iVdams with: 
the fate of Napoleon. The former, he said, devoted 
himself to the service of mankind, from motives of 
beneficence, and at every period of his varied and dis- 
tinguished career was content — whether president, 
minister, representative, or citizen. He then continued : 

" Stricken in the niiJst of this service, in the very act of rising to 
debate, he fell into the arms of conscript fathers of the Republic. A 
long lethargy supervened and oppressed his senses. Nature rallied 
the wasting powers, on the verge of the grave, for a very brief period. 
But it was long enough for him. The rekindled eye showed that the 
re-collected mind was clear, calm, and vigorous. His weeping family, 
and his sorrowing compeers were there. He surveyed the scene and 
knew at once_its fatal import. He had left no duty unperformed ; he 
had no wish unsatisfied ; no ambition unattained ; no regret, no sorrow, 
no fear, no remorse. He could not shake off the dews of death that 
gathered on his brow. He could not pierce the thick shades that rose 
up before him. But he knew that eternity lay close by the shores of 
time. He knew that his Redeemer lived. Eloquence, even in that 
hour, inspired him with his ancient sublimity of utterance. ' This,' 
said the dying man, ' This is the end of Earth ;' — he paused for a 
moment, and then added, — ' I am Content !' — Angels might well draw 
aside the curtains of the skies to look down on such a scene, — a scene 
that approximated even to that scene of unapproachable subUmity, not 
to be recalled without reverence, when, in mortal agony, One who 
spake as never man spake, said — ' It is finished !' 



634 WILLIAM II. SEWARD. 

" Only two years after the birth of John Quincy Adams, there ap- 
peared on an island in the Mediterranean Sea, a human spirit newly 
born, endowed with equal genius, without the regulating qualities of 
justice and benevolence which Adams possessed in an eminent degree. 
A like career opened to both — born like Adams, a subject of a king — 
the child of more genial skies, like him, became in early life a patriot 
and a citizen of a new and great Republic. Like Adams he lent his 
service to the State in precocious youth, and in its hour of need, and 
won its confidence. But unlike Adams he could not wait the dull de- 
lays of slow and laborious, but sure advancement. He sought power 
by the hasty road that leads through fields of carnage, and he became, 
like Adams, a supreme magistrate, a Consul. But there were other 
Consuls. He was not content. He thrust them aside, and was Consul 
alone. Consular power was too short. He fought new battles, and 
was Consul for life. But power, confessedly derived from the people, 
must be exercised in obedience to their will, and must be resigned to 
them again, at least in death. He was not content. He desolated 
Europe afresh, subverted the Republic, imprisoned the patriarch who 
presided over Rome's comprehensive See, and obliged him to pour on 
his head the sacred oil that made the persons of kings divine, and 
their right to reign indefeasible. He was an Emperor. But he saw 
around him a mother, brothers, and sisters, not ennobled ; whose hum- 
ble state reminded him, and the world, that he was born a plebeian ; 
and he had no heir to wait impatient for the Imperial Crown. He 
scourged the earth again, and again fortune smiled on him even in his 
wild extravagance. He bestowed kingdoms and principalities on his 
kindred — put away the devoted wife of his youthful days, and another, 
a daughter of Hapsburgh's imperial house, joyfully accepted his proud 
alliance. Offspring gladdened his anxious sight ; a diadem was placed 
on its infant brow, and it received the homage of princes, even in its 
cradle. Now he was indeed a monarch — a legitimate monarch — a 
monarch by divine appointment — the first of an endless succession of 
monarchs. But there were other monarchs who held sway in the 
earth. He was not content. He would reign with his kindred alone. 
He gathered new and greater armies — from his own land — from subju- 



EULOGY ON THE DEATH OE ADAMS. 635 

gated lands. He called forth the young and brave — one from every 
household — from the Pyrenees to Zuyder Zee — from Jura to the ocean. 
He marshalled them into long and majestic columns, and went forth to 
seize that universal dominion, which seemed almost within his grasp. 
But ambition had tempted fortune too far. The nations of the earth 
resisted, repelled, pursued, surrounded him. The pageant was ended. 
Tlie crown fell from his presumptuous head. The wife who had wed- 
ded him in his pride, forsook him when the hour of fear came upon 
him. His child was ravished from liis sight. His kinsmen were de- 
graded to their first estate, and he was no longer Emperor, nor Consul, 
nor General, nor even a citizen, but an exile and a prisoner, on a lonely 
island in the midst of the wild Atlantic. Discontent attended him 
there. The wayward man fretted out a few long years of his yet un- 
broken manhood, looking off at the earliest dawn and in evening's latest 
twilight, towards that distant world that had only just eluded his 
grasp. His heart corroded. Death came, not unlocked for, though it 
came even then unwelcome. He was stretched on liis bed within the 
fort which constituted his prison. A few fast and faitliful friends stood 
around, with tlie guards who rejoiced that the hour of relief from long 
and wearisome watching was at hand. As his strength wasted away, 
delirium stirred up the brain from its long and inglorious iniictivity. Tlie 
pageant of ambition returned. He was ngain a Lieutenant, a General, 
a Consul, an Emperor of France. He filled again the tlirone of Char- 
lemagne. His kin(hed pressed around him again, reinvested with the 
pompous pageantry of royalty. The daughter of the long line of kings 
again stood proudly by his side, and the sunny face of his child shone 
out from beneatli the diMdcin tliat encircled its flowing locks. The 
marshals of the Empire awaited his command. The legions of the Old 
Guard were in the field, their scarred faces rejuvenated, and their 
ranks, thinned in many battles, replenished. Ilussia, Prussia, Austria, 
Denmark, and England, gathered their mighty hosts to give him bat- 
tle. Once more he mounted his impatient charger, and rushed forth to 
conquest. He waved his sword aloft, and cried " Tete d'Aemee !" 
The feverish vision broke — the mockery was ended. The silver cord 



636 WILLIAM H. SEWARD. 

was loosed, and the warrior fell back upon his bed a lifeless corpse. 
This was the end of earth. The Corsican was not Content. 

" Statesmen and Citizens ! the contrast suggests its own impressive 
moral." 

Mr. Seward supported Mr, Adams in the presidential 
contest of 1824, and approved of all the prominent 
measures of his administration. The policy which 
Mr. Adams and Mr. Clay advocated at Washington, 
found in him an able and zealous defender. He con- 
sidered the Panama Mission one of sympathy and en- 
couragement to the South American states who had 
thrown off the yoke of their foreign rulers, and as such 
deserving the hearty approval of every sincere friend 
of liberty. He regarded the American system with 
favor ; and he became the warm advocate of a protec- 
tive tariff, and of a liberal system of internal improve- 
ments to be conducted and carried on by the general 
government. 

Among the Adams' men and Clintonians in the 
county of Cayuga, Mr. Seward was conspicuous, with- 
in a short time after he took up his residence at Auburn. 
Ardent in his attachments, talented, energetic, perse- 
vering and enthusiastic, he was a desirable accession 
to any party ; and in respect of position and influence, 
he soon stood in the foremost rank of his political 
friends and associates. They were in the minority, 
however, in the county, whose politics received their 
tone in a great degree from Mr. Throop ; and had he 
desired official honors and distinctions, it would have 



NOMINATED FOR SURROGATE. 637 

been impossible to secure tliem except tiiey were at 
the disposal of the state gov^ernment. 

At the request of his friends, he consented to become 
an applicant for the office of Surrogate, in the fall of 
1827 ; and during the extra session of the legislature, 
he was nominated for that office by Governor Clinton. 
It was well ttnderstood, at this time, by the leading, 
politicians in the state, that Mr. Clinton was decided 
in his opposition to Mr. Adams, and that he had deter- 
mined to support General Jackson at the ensuing presi- 
dential election. Most of the nominations which he 
made were more or less influenced by this considera- 
tion ; yet he was by no means disposed to forget the 
friends who had stood by him so long and so faithfully 
in the crisis of his fortunes, even though they disagreed 
with him upon national questions.* Still, it does not 
appear that many regrets were ever expressed by him, 
or those whom he admitted to his confidence, because 
his nominations were so frequently rejected by the 
Bucktail majority in the Senate. 

In 1827, a very large proportion of the members of 
the Senate wei'e Bucktails, and most of them, too, were 
Jackson men, and thoroughly devoted to ]\Ir. Van Bu- 
ren. The appointment of Mr. Seward, whose i)ar- 
tiality for Mr. Adams was never concealed, was op- 

* In the eastern part of the state there were many Clintonian Jack- 
son men, but there were very few in western New York ; and, in Ki^ 
nominations for that section of the slate, Mr. Clinton was <)^eiierally 
obhcred to select Adams men. 



638 



WILLIAM H. SEWARD. 



posed by the friends of Mr. Van Buren and Mr. Throop 
in Cayuga county, and, consequently, the Senate re- 
fused to concur in tiie nomination. Governor Clinton 
made a second nomination, but this shared the same 
fate, and after his death, the acting governor, Mr. Pit- 
cher, who was a Jackson man, conferred the office on 
John Porter, then and subsequently a prominent demo- 
crat in the county. 

The canvass for the presidency, in 1828, commenced 
early in New York. The electors were, for the first 
time, to be chosen by the popular suffi'age, and, there- 
fore, a far deeper interest in the issue of the contest 
was manifested by the voters in the state. Among the 
young men belonging to both political parties, this 
feeling exhibited itself in a manner previously unknown. 
They held separate county and state conventions, and 
although they did not assume to make nominations, 
they indorsed those of their seniors, and adopted plans 
of action calculated to secure unity of effort, to arouse 
the energies of their respective parties, and to bring 
out their whole strength at the polls. The state con- 
vention of the young men attached to the national re- 
publican party was the first of the kind ever held in 
the state. It was a numerous assemblage, consisting 
of over four hundred delegates, and it remained several 
days in session. 

Mr. Seward was a delegate from the county of 
Cayuga, and was chosen president of the convention. 
It was the object of himself and his associates to aid 



YOUNG MEN S STATE CONVENTION. 



639 



in the reelection of Mr. Adams, and to sustain Mr. 
Clay, whose political fortunes were then identified with 
those of the chief magistrate. They were unsuccessful, 
however ; the administration party was defeated, and 
Mr. Adams gave place to General Jackson. But the 
convention was not entirely futile or ineflectual. It 
called out from the quiet pursuits of agriculture, from, 
the avocations of a professional or mercantile life, a 
large number of intelHgent, energetic, and efficient 
young men ; it brought them into action ; it made 
them more intimately acquainted with each other, and 
quickened and aroused feelings of honorable emulation. 
They had youth, enthusiasm, and ambition. One fail- 
ure did not dishearten them, but they continued to 
persevere till success crowned their exertions. Their 
influence was soon felt in the politics of the state and 
nation ; under their auspices, and in great part through 
their instrumentality, the whig party of the union was 
formed ; and at the expiration of a single decade, the 
youthful delegate who presided in this convention of 
young men, became the governor of New York. 

It would scarcely be proper to say that Mr. Seward 
was an original antimason ; that is, he was not one of 
those who first attempted to make this a test question 
at the polls. Yet, as a member of the community, he 
felt outraged at the abduction and probable murder of 
Morgan, and he heartily sympathized with the antima- 
sons in their eflbrts to put down an institution which 
he believed to be objectionable in its character and 



640 , WILLIAM II. SEWARD. 

dangerous in its tendency. His motives, it is claimed 
by his friends, were pure and patriotic, and his opinions 
were honestly entertained. 

He made no concealment of his views with reference 
to the Morgan conspiracy and the masonic institution, 
and it was well known in 1828 that he was an anti- 
mason in sentiment, though he continued to act with 
the Adams party proper. The antimasons in the 
county of Cayuga supported a separate ticket at the 
fall election in that year, and Mr. Seward was nomi- 
nated, in the first place, as their candidate for Congress. 
The nomination was entirely unsolicited on his part, 
and as he felt bound to support the candidates brought 
forward by his old political friends, he promptly de- 
clined it. He voted for the national republican ticket, 
being influenced in his course by general political con- 
siderations ; but, at the same time, he felt well assured 
that the candidates whom he supported coincided with 
him, in opinion, in regard to antimasonry. 

After the defeat of Mr. Adams in 1828, the national 
republican party in the western counties of New York 
was virtually disbanded. Mr. Van Buren and his 
friends were now in power, and though they did not 
attempt to shield the abductors of Morgan from pun- 
ishment, they refused to take ground as party men 
against tlie masonic institution. The national repub- 
licans, therefore, in western New York, who thought 
with Mr. Seward, naturally united with the antimasons. 

From this period we may date Mr. Seward's con- 



ANTIMASONRY. 641 

nection with the anlimasonic party as a political or- 
ganization. This party, at the beginning, was a pow- 
erful one, in numbers as well as in influence, in the 
section of the state where it may be said to have 
originated ; and it presented in its leaders a strong 
array of names, then conspicuous in talents and posi- 
tion, and who afterward became distinguished in the- 
politics of the country. Among them was Mr. Sew- 
ard, and for his associates and coadjutors, he had such 
men as Millard Fillmore, who now fdls the office of 
President of the United States, Francis Granger, Wil- 
liam H. Maynard, Frederick Whittlesey, Bates Cooke, 
and Thurlow Weed. 

Liberal accessions from both the two great parties 
swelled the antimasonic party to very respectable pro- 
portions. Fi'om the fact that the democrats were in 
power, and refused to adopt the measures which the 
former proposed for the complete overthrow of the 
masonic society, they were naturally led to sympathize 
with the Adams and Clay men, or the national repub- 
licans. Toward Mr. Adams, indeed, the antimasons 
were quite partial, but much less so toward Mr. Clay, 
because he was a mason. For several years, the op- 
position party in western New York, and in one or 
two of the eastern counties, was the antimasonic party; 
and in the other sections of the state the national re- 
publicans composed the opposition to the democratic 
national and state administrations. In some counties 
they occasionally acted in concert upon the local 



4L 



642 WILLIAM H. SEWARD. 

tickets, and in 1830 they supported the same candidates 
for governor and lieutenant-governor. Mr. Seward 
favored the union of the national republicans and anti- 
masons at an early day, though this was never effected 
till 1832, when most of the national republicans who 
were adhering masons, or still attached in feeling to 
the institution, separated from their former friends and 
joined the Jackson party. 

At the annual election in 1829, the national repub- 
licans and antimasons in western New York supported 
different candidates in many instances, and, conse- 
quently, were defeated where they would otherwise 
have been successful ; but in 1830, they profited by 
the experience of the past, and united both upon the 
state ticket, and, generally, upon the local tickets. 
Mr. Seward was a delegate to the antimasonic state 
nominating convention of that year, from the county 
of Cayuga. He also received the nomination of his 
party for state Senator from the seventh district, com- 
prising the counties of Onondaga, Cayuga, Seneca, 
Ontario, Wayne, and Yates. This honor was confer- 
red upon him without solicitation on his part, and, in- 
deed, without his knowledge, as he was absent from 
home at the time of the assembling of the senatorial 
convention. 

The administration party presented a popular candi- 
date, in the person of David McNeil of Ontario county ; 
and it was evident that the success of Mr. Seward 
would depend wholly upon the union of the antima- 



ELECTED TO TEIE STATE SENATE. 643 

sons and national republicans in his support. In 
1828, the district had given a majority of fifteen hun- 
dred {ov the Adams candidate, who received the votes 
of the antintasons ; but in 1829, there were three 
tickets, and the democrats elected their Senator by 
three thousand majority over the highest of his oppo- 
nents. In 1830, howevei', the national republicans in 
the district were almost entirely merged in the antima- 
sonic party, and Mr, Seward received the united vote 
of the opposition. This secured his election, by a ma- 
jority of two thousand over the democratic candidate. 
Though Mr. Seward had received the support of the 
Adams and Clay men in his district, he was none the 
less an antimason. So far from this, he was, perhaps, 
too enthusiastic in the avowal of his opinions : it is in 
the nature of youth to be frank and ingenuous, and, 
oftentimes, to exhibit more of ardor and impulsiveness 
than the occasion properly demands. He was a dele- 
gate to the state antimasonic convention held at Albany 
in February, 1831, and was prominent in the discus- 
sions which formed no inconsiderable part of its pro- 
ceedings ; on this occasion he stated that, in his 
opinion, a mason was one and the same thing with an 
adhering mason, and that he was ready to pledge him- 
self not to vote for an adhering mason. Such, no 
doubt, were the real sentiments of his heart, cherished 
in all sincerity, and his character as a politician affords 
the assurance that he would not have forgotten them 
at the polls. 



•II 



644 WILLIAM IK SEWAKD. 

While still in his thirtieth year, he took his seat m 
the New York Senate, at the commencement of the 
annual session of the legislature, in January, 1831. 
He found the administration party in a large majority 
in both houses, and in the Senate there were but very 
few of his own political faith. In point of talent, also, 
that body was highly respectable. Among its promi- 
nent members were Nathaniel P. Tallmadge, William 
H. Maynard, John W. Edmonds, Albert H. Tracy, 
Levi Beardsley, and Henry A. Foster : they were ac- 
tive and influential politicians, and highly distinguished 
themselves while in the Senate. Notwithstanding his 
youth and inexperience, Mr. Seward possessed abilities 
that were well adapted to a legislative career, and his 
knowledge of men and things had been materially im- 
proved by a tour in Europe, where he had compared 
the conservatism of the Old world, its matured states- 
manship and its time-worn institutions, with the ex- 
panding energies, the new-formed systems, and the 
progressive-ism of the New. With his brilliant quali- 
ties, with a political tact and shrewdness beyond his 
years, with eloquence, enthusiasm, and ambition, he 
could scarcely fail of securing for himself an honorable 
position even among those of high talents and char- 
acter. 

His situation, perhaps, was peculiarly favorable for 
the display of his powers, and for acquiring popularity. 
To be in the front rank of a small minority may not 
always be an indication of talent ; but this was an ex- 



COURSE IN THE LEGISLATURE. 645 

citing period in politics, the administration party was 
represented in tiie state Senate by its most talented men, 
and had not Mr. Seward possessed first-rate abilities, 
he would have been unable to maintain himself and 
the interests of his party, in the manner he did, against 
such odds. With Mr. Maynard and Mr. Tracy, he 
bore the whole brunt of attack. They led the little 
opposition phalanx in the legislature, not, indeed, to 
victory ; but they kept its inharmonious elements to- 
gether till they were thoroughly interfused, and a new 
party was formed from their combination. 

A reference to the legislative history of the state, 
during the four years of Mr. Seward's service in the 
Senate, will show that he took an active and promi- 
nent part in all the debates, and that his course was 
guided by the same general views and principles with 
reference to questions of public policy, which have 
since governed his action as a politician. He sup- 
ported the laws abolishing imprisonment for debt, 
ameliorating prison discipline, and establishing a sepa- 
rate penitentiary for female convicts. He also favored 
the extension of the internal improvement system of 
the state, and the enlargement of the foundations for 
educational and charitable purposes. 

He was originally friendly to the construction of the 
Chenango canal, and supported the bill which passed 
the Senate in March, 1832. He voted, however, 
against the act of 1833, under which this work was 
finally commenced, as did most of the members of the 



646 



WILLIAM H. SEWARD. 



legislature from western New York, becanse a new 
feature had been added to it, to render it acceptable to 
Governor Marcy, providing that if the sum appropriated 
should not be sufficient ,to complete the canal, the defi- 
ciency should be .made up out of the canal fund. This, 
as Mr. Seward and those who voted with him thought, 
was making the Erie and Champlain canals pay for 
the proposed work, and, therefore, unjust to the people 
living upon those great thoroughfares, who were then, in 
anticipation of the payment of the original canal debt, 
looking for a considerable reduction in the tolls, 

Mr. Seward was one of the earliest friends of the 
New York and Erie railroad ; yet he opposed the bill 
authorizing a survey of the route by the state, not from 
any want of friendship for the project, but for the 
reason that it was a private enterprise, and he thought 
it should be sustained and conducted by private means. 

In 1833, it was proposed to amend the state consti- 
tution so as to authorize the salt and auction duties to 
be transferred from the canal fund to the general fund. 
This diversion of the important revenues set apart for 
the payment of the Erie and Champlain canal deht, 
Mr. Seward earnestly opposed, yet he voted for a re- 
duction of the duties. 

While in the Senate, he advocated the principle of 
making the stockholders in commercial companies per- 
sonally liable for company debts, but did not favor its 
extension to other stock associations He opposed the 
increase of the salaries of the higher judicial officers in 



JNITED STATES BANK aUESTION. 647 

the state, and through his instrumentality important 
modifications were made in the law respecting the ju- 
risdiction of surrogates. To the safety fund law he 
was never friendly, and he voted for but few bank 
charters He also opposed the loan law recommended 
by Governor Marcy, in 1834, and voted against it. 

National questions of high importance were promi- 
nent topics of discussion, during the whole time he was 
a member of the Senate. Like most of the original 
Adams men who became antimascms, he approved of 
the course and policy of the opposition members of 
Congress. He believed a national bank to be both 
constitutional and necessary, and advocated the re- 
charter in 1832. Upon the resolutions of instruction 
which passed the legislature at that session, he made 
an able speech in favor of the bank. At the session of 
1834, he again defended that institution, and condemned 
the removal of the deposits. One of his best speeches 
was delivered on this question. It occupied parts of 
two days, the 16th and 17th of January, and was de- 
cidedly the ablest, as it was the leading speech made 
on that side duriiig the session. 

When the nullification question came up, he cor- 
dially supported the measures of General Jackson. On 
the 16th of February, 1833, he spoke with great ability 
in defence of a series of resolutions introduced by him- 
self, as a substitute for others less explicit, declaring 
that Congress ought to be governed by a strict con- 
struction of the powers intrusted to the general gov- 



j; 



048 WILLIAM II. SEWARD, 

ernment ; and that the president, in his proclamation, 
had advanced the true principles, on which alone the 
constitution of the country could be maintained and 
defended. His resolutions were not substituted, and 
he then voted for those previously offered, which ap- 
proved, generally, of the doctrines of the proclamation, 
and advised a reasonable and equitable modification of 
the tariff". 

In the spring of 1832, Mr. Seward was supported 
by his political friends, as their most popular man, for 
supervisor of Auburn, but ho was overborne by the 
strong administration majority in the town, though his 
competitor, a brother of Governor Throop, was elected 
by less than the average vote of the democratic ticket. 
A few years afterward, the administration party lost 
their influence in the town, in great part through the 
exertions of Mr. Seward, and a large majority of the 
voters have ever since identified themselves with his 
fortune and fame. 

As a member of the Court of Errors he was not less 
conspicuous than in his character as a legislator. He 
look an important and responsible part in the delib- 
erations of the court, and his opinions reflect the high- 
est credit upon his learning and ability as a lawyer. 

By the death of Mr. Maynard in 1832, — an event 
which may be said to have happened opportunely as 
respected the political fortunes of Mr. Seward, — the 
latter became the champion and leader of the antima- 
sonic, or opposition party, in the legislature. Mr. Tracy 



COURSE IN REGARD TO MR, CLAY. 649 

was still in the Senate, but he leaned over to the ad- 
ministration on several important measures, and his 
influence was naturally more limited than his unques- 
tioned talents might otherwise have secured. The 
principal burden ot" defending the views and proceed- 
ings of his party friends, and of combatting the policy 
of the administration, devolved upon Mr. Seward; 
His task seemed as difficult, and sometimes as hopeless, 
too, as that of Sisyphus, but he acquitted himself well 
and manfully, and persevered in laying broad and deep 
that platform of opposition upon which the whig party 
afterward achieved its triumphs. 

In 1832, Mr. Seward supported the coalition electoral 
ticket, but his preferences were well understood to be 
favorable to the election of Mr. Wirt, the antimasonic 
candidate, instead of Mr. Clay, though he would, 
doubtless, have rejoiced at the success of the latter 
over General Jackson. It is very questionable, indeed, 
whether Mr. Clay was ever his first choice for the 
presidency, though he has supported him in good faith 
as the candidate of his party. In his speech on the 
removal of the deposits, in 1834, he said that Mr. Clay 
could never be his choice for president, much as he 
admired his talents and accomplishments. This re- 
mark was made, with more especial reference to the 
fact that that eminent statesman had been a mason, 
hiah in rank, and had never seceded from the order, 
though for many years not an active member ; but it 
has never been recalled, and the course of Mr. Seward 
28 



650 



WILLIAM H. SEWARD. 



would indicate that lie has ever since entertained the 
same sentiments. 

When the members of the masonic fraternity sur- 
rendered their charters, they gave up the contest 
against the antimasons, and there was nothing left for 
the latter to strive for. They found, too, that the prin- 
ciple of opposition to secret societies, which constituted 
the cardinal doctrine of their creed, could not be sus- 
tained. Antimasonry had accomplished its work in 
counteracting the dangerous tendencies of the masonic 
society, and its mission was now fulfilled. 

A large number of masons and their friends had 
joined the democratic party, during the excitement on 
this question, but their political sympathies and affini- 
ties were with Mr. Clay and the national republicans 
of the Union, and as the financial policy of General 
Jackson began to be developed, they commenced re- 
turning to their first love. The veto of the bank and 
the removal of the deposits, furnished reasons and oc- 
casions for rejoining their old political friends, but this 
they were unwilling to do under the banner of political 
antimasonry. 

Most of the leaders of the antimasonic organization, 
like Mr. Seward, were originally Adams' men, and it 
was easy for them to come to an understanding with 
the prominent national republicans in the state. A 
considerable proportion of the rank and file of the anti- 
masonic party had been Bucktails, but the violence 
and animosity that characterized the struggles through 



FORMATION OF THE WHIG PARTY. 



651 



which they had passed, had bound them more closely 
together ; they had shared in danger and defeat ; and 
associations and attachments had been formed which 
proved stronger than the political prejudices that time 
had now softened down or removed. Their organiza- 
tion was perfect ; they moved and acted together as 
one man ; and they cheerfully followed their leaders 
when the union was eflected with the national repub- 
licans. The coalition of 1832, however, was not 
entire nor complete, but it paved the way for a more 
perfect union in the winter of 1834. The two parties 
were then combined ; and in order to satisfy both, their 
former designations were dropped, and the new party 
assumed the name of " whigs." 

In the formation of the whig party, Mr. Seward was 
one of the chief instruments, and by general consent a 
high place was accorded to him in the front rank of 
those who guided its movements and controlled its 
destinies. When the time came for presenting candi- 
dates for the gubernatorial election in 1834, some di- 
versity of opinion was evinced in the whig ranks. 
Francis Granger and John C. Spencer had hitherto 
been regarded as tiie leaders of the opposition party in 
the state, but the successive defeats of the former, it 
was feared, would dampen the ardor of his political 
friends if his name should be again presented, and the 
impracticability of Mr. Spencer's temperament con- 
stituted, as many thought, an insuperable objection to 
his selection as the candidate for governor. A very 



6f2 WILLIAM H. SEWARD. 

general desire, therefore, was expressed in favor of the 
adoption of a new candidate, and as the ability dis- 
played by Mr. Seward at the legislative session of 1834 
had attracted the general attention of his party, their 
preferences seemed finally to settle upon him. He was 
accordingly nominated at the whig state convention, 
and Silas M. Stilwell, of New York city, was selected 
for the second office. 

Mr. Seward was still a very young man, being of 
the same age with Governor Tompkins when first 
elected to the chief magistracy of the state, and he had 
the warm and zealous sympathies of the young men of 
his party. His popularity was great, and in view of 
the dissatisfaction which prevailed on account of the 
removal of the deposits, and the temporary pressure in 
the money market, there were reasonable grounds for 
anticipating his success. But the interest of the state 
banks was now arrayed on the side of the administra- 
tion, ad their influence contributed a great deal to 
the defeat of the whigs. The vote of Mr, Seward was 
above the average of his ticket, but his opponent. Gov- 
ernor Marcy, was reelected by nearly thirteen thou- 
sand majority. 

At the close of his senatorial term, Mr. Seward de- 
voted himself with still greater assiduity to the practice 
of his profession, and with a measure of success pro- 
portioned to his industry and abilities. He subsequently 
accepted an appointment as agent of the Holland Land 
Company, and took charge of their office at Westfield. 



ELECTED GOVERNOR. 653 

Difficulties having arisen between the Company and 
the occupants of the lands, he afterward purchased, in 
connection with other gentlemen, the outstanding 
claims in Chautauque county, and in this manner, and 
through his exertions, they were satisfactorily adjusted. 

Mr. Van Buren and his friends maintained their as- 
cendency in the state till the fall of 1837, when the 
whigs for the first time secured a majority in the legis- 
lature. Mr. Seward had not been disheartened by one 
defeat, yet he had remained aloof from politics in the 
meantime, and had devoted himself to private pursuits. 
But with the accession of his party to power, it w'as 
but natural that his friends should look to him to aid 
them in preserving the advantage they had gained, and 
he soon became a prominent candidate for the guber- 
natorial nomination. Many of the older leaders of the 
whig party, particularly those who had been national 
republicans, desired that Mr. Granger, or some other 
person more friendly to Mr. Clay than Mr. Seward was 
supposed to be, should be nominated. But the young 
men were enthusiastic in their preferences of Mr. Sew- 
ard, and their wishes proved irresistible. The whig 
state convention was held at Utica, on the 12th of 
September, 1838, and he was nominated as their can- 
didate, by a large majority over Luther Bradish, then 
of Franklin county, who was afterward put in nomina- 
tion, on the same ticket with him, for the office of 
lieutenant-governor. 

The gubernatorial election in 1838 was a life and 



654 WILLIAM n. SEWARD. 

death struggle with the democratic party. The whole 
immense patronage of the state depended on the issue, 
and there was great reason for the interest manifested 
by the democratic leaders in the result of the contest. 
To the whigs, also, the near prosi)ect of success was a 
powerful inducement to exertion ; they were well or- 
ganized, and they omitted nothing that could insure 
success. Other causes, besides the political questions 
involved', may have contributed to swell the whig vote, 
but with the accession of the conservatives who had 
disapproved of Mr. Van Buren's project of an inde- 
pendent treasury, they became too powerful to be de- 
feated. On behalf of Mr. Seward, too, the abolitionists 
exerted no inconsiderable degree of influence. He had 
from the first sympathized with their efforts, and cor- 
dially approved of the object they had in view, though 
he did not believe their course and policy, and their 
separate organization, were well calculated to secure 
it. He has always been of the opinion that the whig 
party was more favorable to the abolition of slavery, 
and more likely to promote it, than its opponents, and 
he has labored to give it a direction likely to accom- 
plish that end. Hence, whenever he has been a can- 
didate for the suffrages of the people, a large proportion 
of the abolition voters have given him their support. 

More than three hundred and seventy-five thousand 
votes were cast for governor at the annual election in 
1838. Governor Marcy was now a candidate for a 
fourth term, but he failed of a reelection, and Mr. Sew- 



FIRST MESSAGE. 655 

ard was chosen to succeed him by a majority of ten 
thousand four hundred. In the old antimasonic coun- 
ties, in particular, the vote of the latter was very heavy. 

" Ability of the highest kind," says an eminent Tory 
writer, " has been rarely, if ever, called to the direction 
of affairs in America, since the Democratic regime has 
been fully established by the general triumph of the' 
popular over the Conservative party."* Not only does 
the character of the individuals who have filled the 
executive chair of the Union contradict this assertion, 
but the " direction of affairs" in the state governments 
has been repeatedly intrusted to men of great ability. 
This has been so often the case in New York, that 
cases of the opposite kind are merely exceptions to a 
general rule. On the occasion of which we are speak- 
ing, we have a striking confirmation of this fact. Both 
Governor Marcy and his opponent were men of the 
highest grade of intellect ; and the former now surren- 
dered an office which he had held for six years, to one 
who continued to fill it for two successive terms. 

Mr. Seward entered upon the discharge of his execu- 
tive duties under somewhat unfavorable circumstances. 
The whigs had the control of but two branches of the 
government — the democrats still retaining their ma- 
jority in the Senate — but the former were, of course, 
held responsible, in the public estimation, for all acts, 
whether of omission or commission. Governor Sew- 
ard was himself the object of jealous feelings on the 

* Alison's History of Europe, Cap. \x-s\\. 



656 WILLIAM H. SEWARD. 

part of many of the old national republicans ; for while 
they were true conservatives, he was in favor of pro- 
gressive measures, and of infusing a greater amount of 
democracy into the councils, the course and policy of 
his party. Applicants for office, too, were numerous, 
and not a few were ready to find fault with his bestow- 
ment of the official patronage. Yet, notwithstanding 
his inexperience, he exhibited great aptitude for the 
station he filled, and a blended firmness and dignity 
highly appropriate to the position. — 

" I saw young Harry, — with his beaver on, 
His cuisses on his thighs, gallantly arm'd, — 
Rise from the ground like feather'd Mercury, 
And vaulted with such ease into his seat, 
As if an angel dropp'd down from the clouds, 
To turn and wind a fiery Pegasus, 
And witch the world with noble horsemanship." 

In regard to matters of state policy, Governor Sew- 
ard appears to have adopted the younger Clinton as 
his model, and to have followed very nearly in the 
footsteps of that distinguished statesman. His first 
message, delivered at the opening of the legislative 
session in 1839, was well written ; it was clear and 
perspicuous in its statements, and finished and elegant 
in its style. He recommended the creation of a board 
of public works, to consist of one member from each 
Senate district. He also suggested various improve- 
ments and changes in the judiciary system of the state, 
and during his administration the first impetus was 



INTERNAL IMPROVExMENTS. 657 

given to the cause of legal reform, which ultimately 
secured the adoption of the present code. The chari- 
table institutions, and the educational system of the 
state, were earnestly commended to the notice of the 
Legislature, and in all his subsequent messages these 
subjects occupied a prominent place. He also recom- 
mended that a monument should be erected in the city 
of Albany, in commemoration of the public services 
of De Witt Clinton, underneath which the ashes of that 
gentleman should be deposited ; but there were too 
many Bucktails in the legislature, even among the po- 
litical friends of the governor, to permit of a favorable 
consideration being given to the suggestion. 

It had been the policy of the democratic leaders, in 
the management of the financial affairs of the state, and 
in conducting her works of internal improvement sub- 
sequent to the construction of the Erie and Champlain 
canals, to confine the annual expenditures to the sur- 
plus revenues ; and this same policy was proposed to 
be continued, when it was determined to enlarge the 
Erie Canal. Influenced to a considerable extent by 
the efforts making in Maryland and Pennsylvania, bv 
their splendid systems of railroads and canals, to secure 
the western trade, and to divert it from New York, 
the whig party adopted a different policy ; and when 
they had effected a revolution in the politics of the 
state, they advocated the more speedy completion of 
the public works, assuming the ground that it would be 
both wise and judicious to pledge the credit of the state 
28* 



42 



658 WILLIAM H. SEWARD. 

for that purpose, but that the additional debt to be 
created should not exceed an amount, the interest on 
which, after providing ibr its ultimate discharge, could 
be paid out of the surplus revenues derived from the 
canal. This policy was supported with great earnest- 
ness by the whig majority in the assembly, in 1838; it 
also received the sanction of a number of the demo- 
cratic Senators, sufficient, with the whigs, to constitute 
a majority in the Senate ; and a law was passed au- 
thorizinjj a loan of four millions of dollars for the en- 
largement of the Erie Canal, which was approved by 
Governor Marcy. 

Besides the Enlargement, there were two important 
lateral canals now in progress of construction, the 
Genesee Valley and the Black River Canals. To com- 
plete all these works, it was thought would require an 
outlay of from twelve to fifteen millions of dollars. 

Governor Seward heartily approved of the change 
in the financial policy made in 1838, and in his first 
annual message before referred to, he advised the 
speedy enlargement of the Erie Canal, and recommend- 
ed various other improvements by roads and canals, 
among which were three principal lines of railroad 
through the state, from east to west. In his opinion, 
the ability of the j^tate to sustain the burden of a public 
debt could scarcely be over-estimated, in view of the 
new and abundant resources daily being developed. 
" History," says his message, " furnishes no parallel to 
the financial achievements of this state. It surrendered 



FINANCIAL POLICY. 659 

its share in the national domain, and relinquished for 
the general welfare all the revenues of its foreign com- 
merce, equal generally to two-thirds of the entire ex- 
penditure of tlie federal government. It has, neverthe- 
less, sustained the expenses of its own administration, 
founded and endowed a broad system of education, 
charitable institutions for every class of the unfortu- 
nate, and a penitentiaay establishment Vv'hich is adopted 
as a model by civilized nations. It has increased four- 
ibld the wealth of its citizens, and relieved them from 
direct taxation ; and in addition to all this has carried 
forward a stupendous enterprise of improvement, all 
the while diminishing its debts, magnifying its credit, 
and augmenting its resources." 

Under the auspices of Governor Seward and the 
party in power, the work on the Erie Canal enlarge- 
ment and the Black River and Genesee Valley Canals, 
went on with far greater rapidity than before, and 
liberal loans were made to railroad companies to assist 
them in the enterprises they had undertaken. The 
experience of a single year convinced the governor 
that the impulse given to the internal improvement 
system was altogether too hearty, and required some 
wholesome check. In his annual message, therefore, 
in 1840, he urgently advised retrenchment in the state 
expenditures, and greater caution in the augmentation 
of the public debt. He still had great confidence, how- 
ever, in the financial ability of the state, and continued 
firmly of the belief, that the immediate completion of 



660 WILLIAM H. SEWARD, 

the works was demanded by a regard for her interest 
and welfare. His opinions underwent no change, 
when the democratic party regained the ascendency, 
and the work on the canals was suspended by the law 
of 1842, at which time the canal debt of the state had 
been increased fourteen millions of dollars, over and 
above the loan of four millions authorized in 1838. 

It was claimed by the political opponents of Governor 
Seward, that the canal policy pursued by himself and 
his friends was eminently disastrous, and as appear- 
ances certainly favored the ground which the former 
assumed, they were enabled to use the arguments thus 
afforded most effectively at the polls. But, on the 
other hand, it was insisted by the whigs, that " the 
speedy impulse" policy, as it was termed by the demo- 
crats, had not had a fair trial, and that, if left to work, 
out its own redemption, like the spear of Achilles it 
would have cured the wounds it had inflicted. Under 
this policy the debt was increased to an amount ex- 
ceeding: the original estimates, and the works were not 
more ^than half finished. This was, apparently, a 
strong argument against it, but the whigs replied, that 
the actual cost of the works, it was ascertained, would 
be more than double the estimates. This was true. 
The estimates were shown to be erroneous in the first 
instance, and a considerable advance in the prices of 
labor and materials, together with the attempt to secure 
greater perfectness and completeness in the work, and, 
to some extent, perhaps, the inexperience of the whig 



INCREASE OP THE STATE DEBT. 661 

canal commissioners, increased the cost of almost every 
item of expense far beyond what was anticipated. 

Great difficulty was experienced by the whig state 
administration, in 1840 and 1841, in raising money, 
and the public stocks depreciated considerably in their 
market value. Here, argued the democrats, their op- 
ponents were again vulnerable, for provision should 
have been made, at the outset, for the payment of all 
debts to be incurred ; and had this been done, New 
York stock would have remained at or near par, and 
money could have been obtained otherwise than at 
rates which would have been ruinous to the credit of 
the state if her resources had not been so ample. To 
this it was said, that the market was glutted with the 
stocks of other states, and a depreciation was the natu- 
ral result in which they all shared. 

Which policy, whether that of the whigs or that of 
the democrats, w'as the best for the state, is still a 
disputed question among our politicians. The lat- 
ter may have the advantage in pointing to actual 
experience, to the disasters and misfortunes of 1840 
and 1841 ; but the whigs still insist, that their policy 
was never fairly tried, and they now point to the vast 
increase of the canal revenues, as an evidence of the 
ability of the state to sustain a larger public debt than 
they had ever contemplated. 

During the first year of Governor Seward's admin- 
istration, the public peace and tranquillity were dis- 
turbed by serious difficulties on the manor of Rennse- 



662 WILLIAM ;}. SE>VAE1>. 

laerwycli, growing out of the refusal of the tenants to 
pay the arrearages of rent which had been suffered to 
remain uncollected by the late patron, Stephen Van 
Rensselaer, but which were now demanded by his 
heirs. The tenants armed and disguised thesinselves 
as Indians, and offered siich resistance to the civil offi- 
cers, that the latter were obliged to call to their aid the 
military power. Disturbances of this kind had not 
been unknown in the history of the state, though of 
rare occurrence. Governor Seward manifested a dis- 
position to uphold the supremacy of the law, yet, at 
the same time, he felt that the tenants had cause for 
complaint, and that these semi-feudal land tenures 
were totally inconsistent with the spirit and genius of 
our institutions. As the tenants, by the laws of the 
state, could not dispute the titles of their landlords, and 
were therefore remediless, if they thought themselves 
wronged, and the state refused to interfere on their be- 
half, except by making resistance to the execution of 
those laws, he was of the opinion that the difficulty 
ought to be regarded as a political one ; and that, while 
the laws should be upheld, greater leniency ought to 
be exhibited toward the refractory tenants than toward 
other offenders. These reasons influenced him in all 
his action with reference to the anti-renters while he 
was governor of the state. In pursuance of his recom- 
mendation, commissioners were appointed in 1840 to 
mediate a settlement between the landlords and their 
tenants, but the terms which they presented were not 



CONTROVERSY WITH VIRGINIA. 663 

satisfactory to the parties, and the efTort at mediation 
proved abortive. Meanwhile the excitenjent had died 
away, though it revived again, with greater intensity, 
under a subsequent administration. 

It was the fortune of Governor Seward, also, to be- 
come involved in a controversy with the executive 
authorities of Virginia touching the extradition of fugi- 
tives from justice. In July, 1839, a requisition was 
made upon him by the Governor of Virginia for the 
delivery of three persons charged with (iaving feloni- 
ously stolen a negro slave in that state.* With this 
requisition he declined to comply, " upon the grounds," 
as stated in his annual message in 1840, " that the right 
to demand, and the reciprocal obligvition to surrender 
fugitives from justice, between sovereign and indepen- 
dent nations, as defined by the iavv of nations, include 
only those case^ in which the acts constituting the of- 
fence charged are recognized as crimes by the univer- 
sal laws of all civilized countries ; that (lie object of 
the provision contained in the constitution of the United 
States, authoiizing the demand and surrender of fugi- 
tives charged with treason, felony or other crimes, was 
to recognize and establish this principle of the law of 
nations in the mutual relations of the states as inde- 
pendent, equal, and sovereign comnmnities ; that the 
acts charged upon the persons demanded were not 

* The proofs and jiaper?, upon which this requisition was founded, 
were defective ; but the technical objectioQ was of small importance 
beskle the constitutional question. 



66-1 WILLIAJI H. SEWARD. 

recognized as criminal by the laws of this state, or by 
the universal laws of all civilized countries ; and that, 
consequently, the case did not fall v/ithin the provision 
of the Constitution of the United States." 

This controversy was protracted for two or three 
years, in the course of which a number of communi- 
cations passed between the executives of the two 
states. Governor Seward defended his position, at all 
times, with a variety and force of argument, and an 
aptness of illustration, that produced respect for his 
talents, if not a conviction favorable to the soundness 
and correctness of his conclusions. The authorities of 
Virginia claimed, on the other hand, that a person who 
had committed an act in any state, which, by the laws 
of that state, was felony, and had fled to another state, 
ought, by the Constitution of the United States, to be 
surrendered on proper demand being made by the for- 
mer state, whether or not the same act was punishable 
as a crime in the state to which the person had fled. 
The important question involved in the controversy 
was also discussed in the New York legislature, in 
1841 ; the democratic members generally inclining to 
support Virginia in her position. In 1842, the subject 
was again brought forward, and a joint resolution was 
then adopted, for which all the democrats voted, with 
very few exceptions, declaring that stealing a slave, 
contrary to the laws of Virginia, was a crime within 
the meaning of the Constitution of the United States. 
Governor Seward, however, declined being the agent 



NEW YORK SCHOOL ftUF.STION. 



665 



of the Legislature in transmitting the resolution to the 
autliorities of Vii-ciiinia. 

The Lerjislature of 1840 was whig in both its 
branches, and the whole power and patronage of the 
state were now vested in the whig administration. 
Besides advising and suggesting various reforms in the 
judiciary system of the state, and retrenchment in the 
expenditures, as before mentioned, in the annual mes- 
sage of that year, the governor urgently recommended 
that the common school law should be so amended as 
to permit adopted citizens to have their children edu- 
cated by teachers speaking their own language and 
professing the same faith with them, and to share, in an 
equal proportion, in the public moneys appropriated by 
the state for school purposes. This recommendation 
had particular reference to the children of Roman 
Catholics in the city of New York, who were excluded 
from the public schools, because their parents and 
guardians were unwilling to send them where religious 
doctrines were taught, or inculcated, inconsistent with, 
or opposed to those which they entertained. 

Immediately on the appearance of the governor's 
message, his views upon the school question were at- 
tacked with great vehemence by the clergy, and by 
many of the most influential laymen, belonging to the 
evangelical denominations in the city of New York ; 
and they were defended with equal earnestness by 
those who were interested in procuring the amend- 
ments to the school-law as proposed. The feelings to 



666 WILLIAM H, SEWARD. 

which the controversy gave rise finally extended to 
the country in some measure, though there was far 
less interest manifested there than in the city and its 
immediate vicinity. A number of leading whigs, both 
in the city and elsewhere, assumed a position of de- 
cided hostility to the governor upon this subject, and 
it was one of the causes which led to subsequent divi- 
sions in the party. 

The plain and simple question at the bottom of the 
whole controversy was, whether a portion of the citi- 
zens of the state who contributed to the support of 
schools, by the payment of taxes, and whose children 
were numbered in the allotment of the public moneys, 
should be deprived of all participation in the common 
fund. They had conscientious scruples against send- 
ing their children to schools in which a different version 
of the Bible from their own was used and read ; and, 
in view of the paramount importance of educating all 
the rising generation. Governor Seward and those 
who concurred with him thought it would be a wise 
policy to permit them to establish separate schools if 
they thought proper, and give them a fair share of the 
public money. 

A suggestion of this character, in a country where 
all creeds and all religions are tolerated, ought, cer- 
tainly, not to have been regarded as a strange one. 
American Christians, no matter what may be their 
particular shades of belief, whether Papists or Church- 
men, Baptists or Presbyterians, Methodists or Quakers, 



NEW YORK SCHOOL QUESTION. 667 

all possess equal rights and should be permitted to en 
joy equal privileges. But there is no bigotry like the 
bigotry of Sectarianism, and religious controversies 
and persecutions are the most bitter of all. Prejudice 
against Romanism is as deep-rooted here, as it was in 
the mother country during the times of " Bluff King 
Harry ;" and our people are too prone, perhaps, to 
forget, that if Rome had her Borgias and her Leos, 
she had also her Pauls and her Gregorics, her Xavier 
and her Pius, — and that the cruelty of the Inquisition 
differed only in degree from that of the Bloody Rump, 
while the horrors of St. Bartholomew were paralleled 
by the atrocities at Miinster and Drogheda. 

On the part of those who took issue with Governor 
Seward on the School question, it was said that he de- 
signed to exclude the Bible from the schools altogether. 
To their excited imaginations, the proposed amend- 
ment of the law was a sort of Titus Gates' plot, and 
the supremacy of the Pope was the great object had 
in view. For two years public opinion, thus control- 
led by unfounded fears and suspicions, operated so far 
upon the legislature as to i)revent the adoption of the 
amendments recommended by the Governor. But, in 
his annual messages in 1841 and 1842, he again refer- 
red to the subject in most eloquent terms, and warmly 
urged the legislature to adopt his suggestions. In the 
latter year the law was finally amended, in pursuance 
of his recommendations, and he had the satisfaction 



668 



WILLIAM n. SEWARD. 



of signing and approving the bill which passed the 
legislature. 

During the presidential canvass of 1839-40, he was 
an interested, though not an active spectator. He at 
first favored the nomination of General Scott as the 
whig candidate, in preference to Mr. Clay, but was 
highly gratified at the selection of General Harrison, 
and rejoiced most sincerely in his success. 

Notwithstanding the jealousy, and at times the hos- 
tility, of some of the old national republicans who 
thought Governor Seward was too radical in his no- 
tions, and leaned too much toward the abolitionists 
and the anti-renters, as the refractory tenants on the 
manorial lands were called, he had the warm support 
of the great majority of his party, particularly in the 
strong whig counties at the west. It was but natural 
that he should desire to have his administration ap- 
proved by the people, in which light a reelection might 
be considered, and the whig journals friendly to him 
advised that he should be nominated for a second term. 

No opposition was made to his nomination in the 
whig state convention, and Lieutenant-Governor 
Bradish was again associated with him on the whig 
ticket. The opposing candidates were William C. 
Bouck and Daniel S. Dickinson. Both those gentlemen 
were warm friends of the internal improvement sys- 
tem, and both possessed a large share of popularity. 

The excitement, the enthusiasm, that marked the 
great contest of 1840, will not soon be forgotten. In 



RE-ELECT10\. GG9 

the state of New York the election was conducted 
with a spirit and animation never before witnessed. 
Here, as in almost every state in the Union, the whigs 
achieved a signal triumph over their adversaries. Tiie 
popular vote of the state was largely increased, — up- 
ward of four hundred and forty thousand votes being 
cast for governor. Governor Seward fell somewhat 
behind his ticket, on account of the opposition of the 
persons already alluded to, but he was reelected by a 
majority of over five thousand. 

Some of the most prominent incidents in tlie second 
term of his administration have been already antici- 
pated. The improvement of the common school sys- 
tem, the completion of the public works, and the aboli- 
tion of capital punishments, were among the principal 
recommendations contained in his annual messages in 
1841 and 1842. In 1841, he refused to interfere in 
pz'eventing the trial of Alexander McLeod by the state 
courts, for an alleged participation in the affair of the 
Caroline in 1839, although the seizure and burning of 
the vessel, and, of consequence, the killing of the per- 
sons found on board, were avowed by the government 
of Great Britain to be acts for which she was alone 
responsible, the persons concerned in the affair having 
acted under the orders of her officers, whom they were 
bound to obey. 

The death of General Harrison, and the failure of 
Mr. Tyler to meet the expectations of the whig party, 
filled the cup of their misfortunes in this state to over- 



mV WILLIAM H. SEWARD. 

flowing. Considering the large vote in 1840, their 
majority was comparatively small, and as the annual 
election in 1841 came on while they were disheartened 
and divided, it occasioned but little surprise when they 
were defeated, and the democrats restored to their as- 
cendency in both branches of the legislature. 

Governor Seward's last annual message, at the com- 
mencement o-f the regular session in 1842, was one of 
the best papers that ever came from his pen. The 
credit of the state had become impaired, as he frankly 
admitted — six per cent, stocks having fallen twenty per 
cent, below par — but he attributed this depression to 
the failure of other states to meet their obligations, and 
thought it would be but temporary in its duration. 
The increasing business on the canals, however, af- 
forded some gleams of sunshine, and he believed it to 
be the better policy to hasten the public works to com- 
pletion, as fast as possible without increasing the pub- 
lic debt above an amount, the interest on which could 
be paid out of the current surplus revenues. It was at 
this time believed, that the proceeds of the sales of the 
public lands would be distributed among the states, and 
he therefore advised that the moneys received from 
this source should be pledged as a sinking fund for the 
payment of the principal of the public debt. 

Different counsels, however, prevailed with the 
democratic majority in the legislature, and the action 
of all parties was influenced, to a great degree, by the 
banking and moneved interests of the state, who were 



RESUMES THE PRACTICE OF LAW. 671 

directly concerned in raising the price of the pubhc 
stocks, large amounts of which were in their hands. 
The law of 1842, which provided for the suspension of 
the public works, for the imposition of a direct tax, and 
for pledging a part of the canal revenues as a sinking 
fund for the extinguishment of the state debt, was ac- 
cordingly passed, and in deference to the Legislature, 
though by no means approving of the measure. Gover- 
nor Seward gave it his official approbation. 

The election of 1841 was significant of disasters, and 
Governor Seward declined becoming a candidate for 
a third term. After the expiration of his period of 
service, he resumed his residence in Auburn, and the 
practice of his profession, which soon became both ex- 
tensive and lucrative. Though no longer a candidate 
for the suffrages of the people, he could not so easily 
divest himself of his character as a politician. He 
heartily approved of the great measures of policy ad- 
vocated and supported by the whig members of the 
27th Congress. He approved of the tariff of 1842, and 
was opposed to the annexation of Texas and the war 
with Mexico. Upon the Oregon question he coincided 
with those whigs who voted for giving notice of the 
termination of the joint occupancy to Great Britain. 

In the cause of Irish Emancipation he was deeply 
interested, and he was no indifferent observer of the 
popular revolutions which took place in Europe in 
1848. His sympathies were with the oppressed and 
the persecuted, and his heart throbbed high with satis- 



072 WILLIAM H. SEWARD. 

faction at every concession yielded by the advocates 
of monarchy, and every advantage gained by the friends 
of civil freedom. 

He was not entirely satisfied with the position of 
Mr. Clay on the Texas question in 1844, but he gave 
him his cordial support, and, by the exertion of his 
personal influence, and by numerous speeches and ad- 
dresses from the stump, rendered important services to 
his party, though unable to prevent their defeat. 

Governor Seward was friendly to the project of 
calling a state convention to revise the constitution in 
1846, and was well satisfied with the reforms thus se- 
cured, though he did not approve of all the financial 
I provisions, and favored the extension pf the right of 

suftrage to the colored population. 

In 1848, he was one of the most active and influen- 
tial supporters of General Taylor, though that lamented 
soldier was not originally his first choice for the presi- 
dency ; but he was understood to be favorable to the 
nomination of Judge McLean, of the Supreme Court 
of the United States. 

Meanwhile the democratic party in New York had 
divided into two factions, and the whigs seemed in- 
clined to follow their example, though no division had 
actually taken place. The old national republicans, 
strengthened considerably by accessions from the anti- 
masons, were what might be called conservative 
whigs, and Governor Seward and his friends were 
radical, or democratic whigs. The latter were much 



ELECTED TO THE UNITED STATES SENATE. 673 

the stronger of the two, and being attached to Gover- 
nor Seward they were anxious to place him in a 
prominent position. Upon the legishiture of 1849 
devolved the duty of choosing a successor to John A. 
Dix, then one of the senators in Congress. The 
whigs were largely in the majority, and two thirds of 
the members belonging to that party were partial to 
Governor Seward. His name was proposed at the 
whig caucus to fill the vacancy in the Senate of the 
United States ; he received the nomination by a vote 
of eighty-eight to forty-three for various other per- 
sons ; and on the 6th of February he was duly elected 
to the office by the Legislature. 

He took his seat in the Senate on the 5th of March, 
1849, at the extra session called to consider the nomi- 
nations of President Taylor. It being well knowai 
that his views upon the question of slavery, then 
widely agitated, did not exactly coincide with those of 
many of the southern whigs, and that he was in favor 
of the principles of the Wilmot Proviso, he declined 
being appointed on any committee, lest it might some- 
times be assumed that he acted authoritatively on be- 
half of the administration. His influence with it was 
undoubtedly great, but he had no desire to embarrass it. 

Preceded by a high reputation, Mr. Seward at once 
took a prominent position in the Senate. Since he 
has been a member of that body, he has spoken ably 
on sevei'al important questions, among which were 
our relations with Austria, the admission of California, 
29 



43 



674 WILLIAM H. SEWARD. 

the slavery question and Mr. Clay's compromise 
measures, the admission of New Mexico, the giving 
of the public lands to actual settlers who were land- 
less, and the claims for French spoliations prior to 
1800. His ablest effort was made on the 11th of 
March, 1850. 

To say of a speech, that it is able and eloquent, 
is, indeed, but a hackneyed phrase, often employed to 
express a mere conventional compliment, but not 
unfrequently applied with justice and propriety. The 
speech of Mr. Seward on the admission of California, 
and the Slavery Question so intimately connected 
with it, was characterized by real ability, great force 
of expression, earnestness and eloquence : — 

" Four years ago," said he, " California, a Mexican Province, scarcely 
inhabited and quite unexplored, was unknown even to our usually im- 
moderate desires, except by a harbor, capacious and tranquil, which 
only statesmen then foresaw would be useful in the oriental commerce 
of a far distant, if not merely chimerical, future. 

" A year ago, California was a mere military dependency of our own, 
and we were celebrating with unanimity and enthusiasm its acquisition, 
with its newly-discovered, but yet untold and untouched mineral 
wealth, as the most auspicious of many and unp.iralleled achievements. 

" Today, California is a State, more populous than the least, and 
richer than several of the greatest of our thirty States. This same 
California, thus rich and populous, is here asking admission into the 
Union, and finds us debating the dissolution of the Union itself 

" No wonder if we are perplexed with ever-changing embarrassments ! 
No wonder if we are appalled by ever-increasing responsibilities ! No 
wonder if we are bewildered by the ever-augmenting magnitude and 
rapidity of national vicissitudes '. 



ADMISSION OP CALIFORNIA. 675 

"Shall CAuroRXiA ek received f For myself, upon my individual 
judgment ?Jid conscience, I answer, Yes. For myself, as an instructed 
representative of one of the States, of that one even of the States 
•which is soonest and longest to be pressed in commercial and political 
rivalry by the new Comnionwealtli, I answer. Yes. Let California 
come KJ, Every new State, whether she come from the East or from 
the W«st, every new State, coming from whatever part of the conti- 
nent she may, is always welcome. But California, that comes from the 
dime where th-e west dies away into the rising east ; California, which 
bounds at once the empire and the continent; California, the youthful 
queen of tfae Pacific, in lier robes of freedom, gorgeously inlaid with 
gold — is "doubly weloame." 

After answering the objections urged by those sena- 
tors who opposed the separate and unconditional 
adnfiission of California, — that she presented herself 
unceremoniously, without the preliminary consent of 
Congress — that she had assigned her own boundaries 
— that her territory was too large — that no census had 
been taken, and that no laws prescribing the qualifica- 
tions of suffrage existed before her convention was 
held — and that she had formed a state government 
and applied for admission, under executive influence, 
— Mr. Seward urged with much force that the case 
was one demanding prompt action ; that if the appli- 
cation should be i^ejected, California would become 
indignant, and not improbably set up for herself as an 
independent state, and, perhaps, induce Oregon to go 
with her ; and that, in consequence of the intervening 
v/astes and deserts, arul the numerous objections and 
obstacles to the employ n)cnt of coercive means by the 



67G WILLIAM H. SEWARD. 

federal government, it would be impossible or imprac- 
ticable to compel her to remain in the Union against 
her will. 

In regard to the collateral questions — the compro^ 
mises as they were called — connected with the admis- 
sion of California, not by the applicants themselves, 
but by the southern senators, or nearly all of them, 
and their friends, Mr. Seward avowed his opposition 
to them in every form and shape. He declared that 
the very name of compromise was hateful to him, and 
that it was never used in a good cause. Freedom, he 
thought, was too sacred a heritage to be bartered 
away, — to be either sacrificed or compromised. 

" But it is insi^^ted," he remarked, " that the admission of California 
ehall be attended by a compromise of questions which have arisen oat 

of SLAVEKY ! 

" I AM OPPOSED TO ANV SUCH COMPKOMISZ, IN ANY AND ALL THE FORMS 

IN WHICH IT HAS BEEN PROPOSED. Bccause, whilc admitting the purity 
and the patriotism of all from whom it is my misfortune to differ, I 
think all legislative compromises radically wrong and essentially vicious. 
They involve the surrender of the exercise of judgment and conscience 
on distinct and separate questions, at distinct and separate times, with 
the indispensable advantages it affords fcjr ascertaining truth. They 
involve a relinquishment of the right to reconsider in future the deci- 
sions of the present, on questions prematurely anticipated. And they 
are a usurpation as to future questions of the province of future 
legislators. 

" Sir, it seems to me, as if slavery bad laid its paralyzing hand upon 
myself, and the blood were coursing less freely than its wont through 
my veins, when I endeavor to suppose that such a compromise has 
been effected, and my utterance forever is arrested upon all the great 



COMPROMISES OF MR. CLAY. 677 

questions, social, moral, and political, arising out of a subject so im- 
portant, and as yet so incomprehensible. What am I to receive in this 
compromise ? Freedom in California. It is well ; it is a noble acqui- 
sition ; it is worth a sacrifice. But what am I to give as an equiva- 
lent ? A recognition of the claim to perpetuate slavery in the District 
of Columbia ; forbearance towards more stringent laws concerning the 
arrest of persons suspected of being slaves found in the free States ; 
forbearance from the Proviso of freedom in the charters of new Terri- 
tories. None of the plans of compromise offered demand less than two, 
and most of them insist on all of these conditions. The equivalent then 
is, some portion of liberty, some portion of human rights in one region 
for liberty in another region. But California brings gold and commerce 
as well as freedom. I am, then, to surrender some portion of human 
freedom in the District of Columbia, and in East California and New 
Mexico, for the mixed consideration of liberty, gold, and power, on the 
Pacific coast. 

" Tliis view of legislative compromises is not new. It has widely 
prevailed, and many of the State Constitutions interdict the introduc- 
tion of more than one subject into one bill submitted for legislative 
action. 

" It was of such compromises tliat Burke said, in one of the loftiest 
bursts of even his majestic parliameutary eloquence : 

" ' Far, far from the Commons of Great Britain be all manner of real 
vice ; but ten thousand times farther from them, as far as from pole to 
pole, be the whole tribe of spurious, affected, counterfeit, and hypocrit- 
ical virtues \ These are the things which are ten thousand times mora 
at war with real virtue ; these are the things which are ten thousand 
times more at war with real duty, than any vice known by its name 
and distinguished by its proper character. 

" ' Far, far from us be that false and affected candor that is eternally 
in treaty with crime — that half virtue, which, like the ambiguous ani- 
mal that flies about in the twilight of a compromise between day and 
night, is, to a just man's eye, an odious and disgusting thing. There is 
no middle point, ray Lords, in which the Commons of Great Britain 
caa meet tyranny and oppression.' 



678 WILLIAM H. SEWARD*. 

" But, sir, if I could overcome my repugnance to compyoraiseg m 
general, I should object to this one on the ground of the ineq^mlity and 
incongruity of the interests to be ct)mprDmised. Why, sir, j»ccording 
io the views I have submitted, California ought to- come in, asd must 
come in, Tfhether slavery stands or falls in the Distriet of Columbia •, 
•whether slavery stands or fiiUs in New Mexico and Eastern California; 
and even -whether slavery stands or falls in the slave States. CaliSbr- 
nia ought to come in, being a free State ; and, under the cireaiaetances 
of her conquest, her compact, her abandonment, ber jastifiable and 
necessary establishment of a Constitution, and the i?ievitable di8f»en> 
berment of the empire consequent upon her rejection, I should Isave Toted 
for her admission even if she had come as a slave State. Califo?naa 
ought to come in, and must come in at all events. It is, theo, an iiKlie- 
pendent, a paramount question. What, then, are these qusestions aris- 
ing out of slavery, thus interposed, but collateral questioos ? They 
are unnecessary and incongriious, and therefore false issues, not intro- 
duced designedly, indeed, to defeat that great policy, yet unavoidably 
tending to that end."' 

Mr. Seward then took up the compromise measures, 
seriatim, and explained and vindicated the reasons 
which induced him to oppose them against the propo- 
sition to aher the law concerning fugitives from ser- 
vice, which, when it took the form of a positive 
enactment, was known as " the fugitive slave law," 
he directed a great part of his argument, and pro- 
nounced the measure arbitrary, unjust, oppressive, and 
utterly inconsistent with the spirit and genius of our 
free institutions. In the course of his remarks, also, 
he avowed himself in favor of the abolition of slavery 
in the District of Columbia, intimating, however, bis 
willingness to compensate the owners of the slaves. 



THE SLAVERY aUESTION. 679 

He closed this part of his speech in the following 
^ terms : 

" There is another aspect of the principle of compromise which de- 
serves consideration. It assumes that slavery, if not the only institu- 
tion in a slave State, is at least a ruling institution, and that this 
characteristic is recognized by the Constitution. But slavery is only 
otie of many institutions there. Freedom is equally an institution there. 
Slavery is only a temporary, accidental, partial, and incongruous one- 
Freedom, on the contrary, is a perpetual, organic, universal one, in har- 
mony with the Constitution of the United State.". The slaveholder 
himself stands under the protection of the latter in common -with all 
the free citizens of tiie State. But it is, moreover, an indispensable 
institution. You may separate slavery from South Carolina, and the 
State will still remain ; but if you subvert freedom there, the State 
will oease to exist But the principle of this compromise gives com- 
plete ascendency in the slave State, and in the Constitution of the 
United States, to the subordinate, accidental, and incongruous institu- 
tion over its paramount antagonist To reduce this claim for slavery 
to an absurdity, it is only necessary to add that there are only two 
States in which slaves arc a majority, and not one in which the slave- 
holders are not a very disproportionate minority. 

" But there is yet another aspect in which this priticiple must be 
esamined. It regards the domain only as a possession, to be enjoyed 
either in common or by partition by the citizens of the old States. It 
is true, indeed, that tlie national domain is ours. It is true it was ac- 
quired by tl»e valor and with tlie wealth of the whole nation. But we 
hold, nevertheless, no arbitrary power over it We hold no arbitrary 
authority over anj'thing, whether acquired lawfully or seized by usur- 
pation. The Constitution regulates our stewardship ; the Constitution 
devotes the domain to union, to justice, to defence, to welfare, and to 
liberty. 

" But there is a higher law than the Constitution, which regulates 
our authority over the domain, and devotes it to the same noble pur- 
poee& The territory is a part, no inconsiderable part, of the common 



680 WILLIAM H. SEWARD. 

heritage of mankind, besto-wed upon them by the Creator of the Uni- 
verse. We are his stewards, and must so discharge our trust as to 
secure in the highest attainable degree their happiness." 

He then examined the question, as to the power of 
Congress to legislate upon the subject of slavery in 
the territories, insisting, to the fullest extent, upon the 
existence of the power, and that it ought to be exert- 
ed. In regard to the threats of disunion which had 
been repeatedly heard in the capitol, he declared that 
he had no fears of the dissolution of the confederacy 
upon such grounds, and for such a cause. 

" I have lieard somewhat here," he said, " and almost for tbe first 
time in my life, of divided allegiance — of allegiance to the South and 
to the Union — of allegiance to States severally and to tbe Union. Sir, 
if sympathies with State emulation and pride of achievement could be 
allowed to raise up another sovereign to divide the allegiance of a 
citizen of the United States, I might recognize the claims of the State 
to which, by birth and gratitade, I belong — to the State »f Hamilton 
and Jay, of Schuyler, of the Clintons, and of Fultoa — the State which, 
with less than two hundred miles of natural navigation connected with 
the ocean, has, by her own enterprise, secured to herself the commerce 
of the continent, and is steadily advancing to tbe command of the com- 
merce of the world. But for all this I know only one country and one 
sovereign — tbe United States of America and the American People. 
And such as my allegiance is, is the loyalty of every other citizen of 
the United States. As I speak, he will speak when his time arrives. 
He knows no other country, and no other sovereign. He has life, 
liberty, property, and precious affections, and hopes for himself and for 
his posterity, treasured up in the ark of the Union. He knows as 
well and feels as strongly as I do that this Government is his own 
Government ; that he is a part of it ; that it was established for him, 
and that it is maintained by him ; that it is the only truly wise, just. 



THE SLAVKRV QUESTION. 681 

free, and equal Government that has ever existed ; that no other Gov- 
ernment could be so wise, just, free, and equal ; and that it is safer 
and more beneficent than any which time or change could bring into 
its place. 

" You may tell me, sir, that although this may be true, yet the trial 
of faction has not yet been made. Sir, if the trial of friction has not 
been made, it has not been because Miction has not always existed, 
and has not always menaced a trial, but because faction could find no 
fulcrum on which to place tlie lever to subvert tlie Union, as it can 
find no fulcrum now ; and in this is my confidence. I would not rashly 
provoke the trial ; but I will not suffer a fear, which I have not, to 
make me compromise one sentiment, one principle of truth or justice, 
to avert a danger that all experience teaches me is purely chimerical. 
Let, then, those who distrust the Union make compromises to save it. 
I shall not impeach their wisdom, as I certainly cannot their patriotism; 
but indulging no such apprehensions myself, I shall vote for the admis- 
sion of California directly, without conditions, without qualifications, 
and without compromise. 

" For the vindication of that vote I look not to the verdict of the 
passing hour, disturbed as the public mind now is by conflicting inter- 
ests and passions, but to that period, happily not far distant, when the 
vast regions over which we are now legislating shall have received 
their destined inhabitants. 

" While looking forward to that day, its countless generations seem 
to me to be rising up and passing in dim and shadowy review before 
us ; and a voice comes forth from their serried ranks, saying, ' Waste 
your treasures and your armies, if you will ; raze your fortifica- 
tions to the ground ; sink your navies into the sea ; transmit to us even 
a dishonored natne, if you must ; but the soil you hold in trust for us 
— give it to us free. You found it free, and conquered it to extend a 
better and surer freedom over it. Whatever choice you have made 
for yourselves, let us have no partial freedom ; let us all be free : let 
the reversion of your broad domain descend to ns unincumbered, and free 
from the calamities and the sorrows of human bondage." 

29* 



682 



WILLIAM H. SEWARD. 



One of the sentiments advanced in the speech of 
Governor Seward on this great question, has been the 
subject of so many remarks on the part of the news- 
paper press, that it may be well to refer to it again. 
After stating, that, by the federal constitution, the 
domain was devoted to liberty, — thus indicating his 
belief that slavery could have no constitutional exist- 
ence in California, in the absence of any positive 
enactment to support it, — he added, that there was "a 
higher law than the constitution which regulates our 
authority over the domain, and devotes it to the same 
noble purposes." This remark has been tortured to 
mean, that, in the estimation of the speaker, there was 
a higher law than the constitution, which he felt 
bound to obey in preference to the latter ; and that it 
was proper to resist the execution of all laws, even if 
constitutionally enacted, which, according to mere 
individual opinion, were inconsistent with that higher 
law. 

Take away the context, the qualifying circumstances 
of this remark, and such a construction might not be 
unjust, but with them, it is clear that Governor Sew- 
ard intended to convey no such idea. The sentiment 
which he advanced was this, and only this, — that upon 
the point to which he was alluding, the constitution 
and the higher law of God were in perfect harmony, 
that they were concurrent, and that each devoted the 
domain "to the same noble purposes." 

No doubt, he regards with very little favor the ex-, 



THE FRENCH SPOLIATION BILL. 683 

pediency doctrines of that school of political philoso- 
phers, who, like Paley, advocate a blind submission to 
civil authority. With Sir William Blackstone, with 
Burke and Brougham, he holds that the law of nature, 
"dictated by God himself," is superior in obligation to 
all our conventions and compacts, to all human codes 
and enactments. Yet no one reverences the consti- 
tution more highly than himself That is the higher 
law of the good citizen, and if abuses are practiced 
under it, the remedies which it provides must first be 
exhausted, before disobedience becomes a virtue. 
Overt treason and moral treason are one and the 
same thing in principle. There is no distinction be- 
tween active resistance and passive disobedience, that 
could satisfy the most Jesuitical conscience. Obe- 
dience to the law is the correlative of protection 
under the law ; and he who invokes the protecting 
care of his government, should obey her mandates. 
If she deliberately tolerates wrong and injustice, let 
him no longer be one of the governed. 

In respect of argumentative power and ability, the 
speech of Mr. Seward on the French Spoliation bill, 
delivered on the 21st of January, 1851, will probabl}'' 
take precedence of most of his previous efforts. The 
subject was trite, and one would think it had been 
quite exhausted. But he seems to have invested it 
with fresh attractions, and to have brought forward 
many new facts and arguments, besides presenting 



684 WILLIAM H. SEWARD. 

those that were familiar, in a light different from that 
in which they have heretofore been made to appear. 

Since he has been in the Senate, he has also pro- 
posed the abolition of slavery in the District of Colum- 
bia, upon the condition, however, that just and ample 
compensation should be made to the owners of the 
slaves. 

Several years ago the following picture of Mr. 
Seward was drawn by Mrs. Maury,— a friendly hand, 
indeed ; but who is more competent than a woman to 
describe the personal appearance of one of the oppo- 
site sex ? " The address and manners of Governor 
Seward are very agreeable, though his voice is gut- 
tural and uncultivated, which possibly arises from an 
absence of all pleasure in music ; confessedly, he can- 
not distinguish a chant from a jig. His appearance is 
very youthful for forty-four [this was written in 
1845] ; he is of fair complexion, and possesses one 
peculiarity of feature, which is to me of singular in- 
terest. In speaking or smiling, the upper lip has a 
slight nervous and tremulous motion, independent of 
its action in articulation. This peculiarity I have 
seen but twice before ; it is, of course, involuntary, is 
observed only in men, and is always accompanied by 
the most acute sensibilities."* 

In 1824 Mr. Sew^ard married Frances Adeline, the 
daughter of Elijah Miller, an old resident of Auburn, 
in whose office he first commenced practice at that 
* Statesmen of America, p. 32. 



MENTAL ABILITIES. 685 

place, and who, in former years, was a prominent 
member of the bar and an influential politician in 
Cayuga county. He is the father of three sons, one 
of whom is now an officer in the army, and two 
daughters. 

Of an ardent and enthusiastic temperament, of large 
sympathies, of a hopeful disposition, and possessing a 
liberal share of generosity and benevolence, he is es- 
teemed by his friends for the warmth and sincerity of 
his attachments. In regard to his private relations, he 
enjoys an enviable reputation ; and those who know 
him, in the county of his residence, of both political 
parties, will bear cheerful testimony to the purity of 
his life and the integrity of his character. 

Nature has not been chary of her favors in the 
endowment of his intellect. She has given him both 
genius and talent, in a happy combination. He has 
quickness of apprehension, a ready wit, and a playful 
fancy. He has something of the "fine frenzy" of the 
poet, is imaginative and impressionable. His concep- 
tions are vivid, and his will strong and decided. He 
has more boldness, however, than force, — greater de- 
termination than energy. He is probably better fitted 
to deal with generalities than details, yet he has nice 
discriminating faculties ; and he is a close and able 
reasoner, though possessing more rhetorical than ra- 
tiocinative power. 

Habits of intense application, of careful reflection, 
are characteristic of him ; and his speeches, argu- 



686 ' WILLIAM H. SEWARD. 

ments, and state papers indicate thoroughness and 
completeness of preparation. While engaged in the 
most active pursuits, he has devoted no inconsiderable 
portion of his time to reading and study. It was the 
opinion of Antony, that the reputation of an advocate 
was too brittle to indulge a love for philosophy ;* but 
not even the claims of an exacting profession have 
prevented the gratification of his keen relish for litera- 
ture. A lover of science, his mind is thoroughly im- 
bued with the learning of the day. Such is the extent 
and variety of his information, that he is sometimes 
regarded as superficial ; but his superficiality, which 
may be considered but another name for great general 
knowledge, is not of that kind, which, though beautiful 
as a poet's dream, is equally airy and unsubstantial, 
but rather that which, like the rich carving of the 
sculptor, adds strength and beauty to the column it 
adorns. 

His rapid idealization, his oriental affluence, though 
not vagueness, of expression, and the Ciceronian flow 
of his language, proceeding not "from the heat of 
youth, or the vapors of wine," but from the exceeding 
fertility of his imagination, combine to render him an 
interesting speaker. Yet his enunciation is neither 
clear nor distinct, and the tones of his voice often 
grate harshly upon the ear. He is not devoid of 
grace, however; he is calm and dignified, but earnest. 

Besides the speeches and addresses to which refer- 
• Cicero, De Oratore, lib. ii. 



STYLE AS A SPEAKER AND WRITER. 687 

ence has been made, he is the author of an " Address, 
delivered at the commencement of the Auburn and 
Owasco Canal," in October, 1835 ; of a " Discourse on 
Education," delivered at Westfield, in July, 1837 ; and 
of an "Oration on the Death of Daniel O'Connel," de- 
livered in the city of New York, on the 22d of Sep- 
tember, 1847. These have all been published, and are 
decidedly creditable productions. 

His style is elegant, rather than neat ; elaborate, 
rather than finished. It possesses a sparkling vivacity, 
but is somewhat deficient in energetic brevity. It is 
not always easy, for there is more labor than art ; but 
if the wine has an agreeable bouquet, the connoisseur 
delights to have it linger. Like young D'Israeli, 
whose political position in some respects resembles his 
own, he has occasionally a tendency to verbose decla- 
mation, a natural predilection, perhaps, for Milesian 
floridness and hyperbole, and, like Napoleon, a love 
for gorgeous paradoxes. But, in general, his words 
are well chosen, and are frequently more eloquent 
than the ideas. His sentences are constructed with 
taste ; they have often the brilliancy of Mirabeau, and 
the glowing fervor of Fox. 

As a politician, he has evinced shrewdness, energy, 
and decision. He is tolerably familiar with the main 
springs of human action, is cautious and prudent, and 
possesses tact as well as talent. It might be presumed, 
from the character of his mind, that he would always 
be found in advance of his party upon questions of 



688 WILLIAM H. SEWARD. 

reform. He is a democrat in his nature, and a friend 
to progress, for the sake of progress. 

If we may judge from present appearances, his 
prospects for the future are fair and promising. He 
has hosts of warm and devoted friends in his native 
state, who will gladly put their shoulders to the car 
that bears him onward to fame. If he remembers the 
legend — " Be bold, and bold, and everywhere be bold, 
but not too bold" — it is not improbable, that his and 
their aspirations may be gratified. There is a good 
ambition, and a bad one, " which o'erleaps itself" 
Who would not rather be the conscientious Falkland, 
than the unprincipled Danton ? who would not prefer 
the bright coronal of fame that encircles, like a halo, 
the memory of Heinrich Stilling or John Quincy 
Adams, to the false glory of Talleyrand or Metter- 
nich? 




l.iHi'rJiuiub, III X.'Aoiiu .y 



WILLIAM C. BOUCK. 

To this individual must be accorded the high honor 
of being the first, and the only farmer governor of 
New York. All the other eminent men who have 
filled that distinguished station were educated to the 
law, — a profession, which, in our country, is nearly 
allied to politics, — and by their habits and associations 
were peculiarly fitted for discharging the duties apper- 
taining to an executive office. Familiarity with the 
general principles of legal science, and experience in 
detecting the motives, and controlling the passions and 
prejudices of men, rendered it a comparatively easy 
task for them to execute and enforce the laws ; but he 
had only his native good sense, united, however, to a 
pretty accurate knowledge of human nature, upon 
which to rely. It speaks volumes in favor of the 
democratic equality of our institutions, and of his 
character and capacity, that he has occupied so many 
honorable positions, and sustained himself in them 
with so much credit. His career furnishes an in- 
structive example, and his success affords encourage- 
ment, to those even less favored than he by the acces- 
sories of family and education. 



41 



690 ' WILLIAM C. BOUCK. 

One of the wisest acts of the administration of 
Robert Hunter, the English governor of the colony of 
New York from 1710 to 1719, was that of inducing 
the German Lutherans, who had escaped from the 
religious persecution in the Palatinate, to emigrate to 
America. Under the sanction and patronage of his 
royal mistress, Anne, Queen of England, about three 
thousand families of the Palatines followed him to this 
country when he came to assume the reins of gov- 
ernment. 

Much the larger portion of this body of immigrants 
settled in New Jersey and Pennsylvania. Another 
portion ascended the Hudson river, and founded the 
settlement at East Camp, in Columbia county. A still 
smaller division, consisting of forty or fifty families, 
crossed over the Helderbergs, in 1713, and established 
themselves in dorfs, or villages, in the charming valley 
of the Schoharie kill. By persons originally belong- 
ing to this colony, the rich alluvial flats along the Mo- 
hawk river were afterward settled. 

The pioneers of the Schoharie district found the 
remnants of several Indian tribes scattered through the 
valley, upon the lands assigned to them by the English 
sovereign, who claimed to be the owners of the soil, 
and whose titles they were subsequently obliged to ex- 
tinguish. They brought with them to their new home 
in the western wilderness, — not a large share of intel- 
ligence, for oppression had kept them in ignorance, — 
but wealth, industry, frugality, enterprise, a love of 



THE GERMAN PALATINES. 691 

civil and religious liberty, and a sternness, almost a 
harshness, of character, which had passed the ordeal 
of a severe persecution. 

When they first looked down upon the valley of the 
Schoharie, from the summit of the Helderbergs, they 
were enchanted with the beauty of the scenery beneath 
them, and fancied the location they had chosen, to be 
a terrestrial paradise. They entered zealously upon 
the work of improvement, and so rapid was their pro- 
gress, that in a comparatively brief period, the entire 
face of the country, in the vicinity of their settlements, 
was changed. 

" Wide the wood recedes, 
And towns shoot up and fertile realms are tilled ; 
The land is full of harvests and green meads." 

The virgin forests disappeared with the wigwams of 
the red men, and their places were supplied by sub- 
stantial barns and dwellings, by overflowing granaries, 
and broad fields yielding an abundant recompense for 
the toil of the husbandman. During the Revolution, 
the store-houses of the patriot army were often filled 
with the produce of the Schoharie district; and it was 
estimated by Washington, that in the expedition of 
the Tories and Indians into the vaJ/ey, in 1780, at least 
eighty thousand bushels of grain were destroyed, which 
would otherwise have been lodged in his magazines.* 
Among the first German immigrants that settled in 
* Letter to the President of Congress, November 7, 17S0. 



692 WILLIAM C. BOUCK. 

the valley of the Schoharie, was the great-grandfather 
of the subject of this sketch. His son, William Bauch, 
or Bouck, was the first male child born in the valley, 
of white parents. In the year 1755, William Boiick, 
in connection with Jacob Frederic Lawyer and Nich- 
olas York, patented from George III. about three 
thousand acres of land lying on both sides of the Scho- 
harie river, or creek, and now embraced in the present 
towns of Fulton and Middleburgh. The share of Mr. 
Bouck in this tract was inherited by his three sons, 
Cliristian, John, and William, and at the present time 
it forms a part of the farm owned and occupied by his 
grandson, Governor Bouck. 

William Bouck, the elder, did not escape the horrors, 
or the hardships of that protracted border warfare, in 
the course of which the fairest portions of Tryon 
county were so often made desolate. Again and again, 
the " Christians and Savages,'" under the leadership 
of Brant and Johnson, broke into the Schoharie valley ; 
butchered its inhabitants, or left them houseless wan- 
derers; levelled their granaries in the dust, and swept 
over their fields as with the besom of destruction. 
The buildings of Mr. Bouck, then an opulent farmer, 
were destroyed by a party of Indians ; and he, with 
several members of his family, were made prisoners, 
but were afterward rescued in Delaware county. 

His son, Christian Bouck, who was the father of the 
governor, entered the colonial service, and throughout 
his life exhibited the sturdy independence and patriot- 



BIRTH AND EARLY LIFE. 693^^ 

ism, the industry and perseverance, which he had in- 
herited from his German ancestors. One of his most 
intimate friends and associates was Timothy Murphy, 
the brave partisan and skilful rifleman of Schoharie, 
whose famous exploits are still preserved in history and 
tradition. The friendship of Murphy for the father, 
descended to the son ; and it is said that the latter 
owed his first election to the assembl}', to the influence 
and zeal of his father's friend. 

The maiden name of the mother of Governor Bouck, 
was Margaret Borst She was descended from a Ger- 
man family, among the first settlers of the Schoharie 
district. She died at the early age of forty-four. Her 
husband survived till 1836, when he, too, was gathered 
to his fathers, in his eighty-third year, leaving behind 
him a name and character held in high respect by his 
neighbors and acquaintances. 

WjtLLiAM C. BoucK was born on the farm where he 
now resides, formerly occupied by his father and grand- 
father, in the present town of Fulton, Schoharie coun- 
ty, on the 7th day of January, 1780. He was educated 
a farmer, and has been more or less actively engaged 
in agricultural pursuits during his whole life. All the 
time and attention which could be spared from his 
public duties, have been devoted to the management 
of his farm. " Until I was twenty-two years of age," 
says he, in a letter to a friend, not intended for publi- 
cation, " no common laborer on my father's farm did 
more work than myself, either in clearing land, or in 



694 WILLIAM C. BOUCK. 

the harvest field. Often have I gone to the plough be- 
fore daylight, and from it after dark." 

His father possessed abundant means, and designed 
to give him a liberal education ; but his activity, enter- 
prise, and industry, seemed to be needed upon the farm, 
and there was always something to be done that de- 
manded his supervision. So, for one cause or another, 
the execution of his father's intentions was postponed, 
from time to time, till he had reached man's estate, 
and his presence was then required at home more than 
ever. His literary acquirements, therefore, did not 
extend beyond a common school education, obtained, 
for the most part, in accordance with the usual custom 
of that day, during the winter months, when there was 
a respite from labor upon the farm. 

But he possessed an inquisitive mind, which, as if 
by instinct, like the bee gathering honey from every 
flower, made constant additions to its stores of infor- 
mation, by reading and observation. He remembered, 
also, the ancestral proverb : — " Was man in der jii- 
gcnd wiinscht, hat 7nan in alter die fiille." This it 
w^as that inspired his efforts, and led him to encourage 
the ambition to gain for himself an honorable name in 
the world. His good judgment, his general intelli- 
gence, his acuteness, and his shrewdness of observa- 
tion, were early noticed by his friends and acquaint- 
ances. " Many a word spoken in jest," says the 
historian of Schoharie county, " becomes prophetic. 
About the year 1820, an honest farmer living on Fox 



EARLY POLITICAL PREFERENCES. 695 

creek held a conversation with a friend of ours, in 
which Mr. Bouck was mentioned. Of the latter gen- 
tleman, the former thus remarked ; ' Depend upon it, 
that man will yet be governor of this state ; for, in- 
stead of going round a hill, as other men do, to see 
what is on the opposite side, he looks I'ighl through it.' 
This casual remark was made at a time when his Ex- 
cellency's intimate friends did not anticipate for him a 
seat in the gubernatorial chair of the state."* 

Before he became a voter, he was deeply engaged in 
politics. He was an ardent and zealous adherent of 
Jefferson and Madison, and through life has been an 
undeviating republican and democrat. On all occa- 
sions, he has supported the party to which he belonged, 
its men and its measures, with zeal and efficiency ; 
and it is probable that Schoharie county is more in- 
debted to him for the steady uniformity of her political 
character, during tiie last forty years, than to any other 
individual. 

Being extensively connected, and widely and favor- 
ably known, he w^as brought into public life at an early 
age. In the spring of 1807, being then twenty-one 
years of age, he was chosen clerk of his native town, 
and for the two following years was elected its super- 
visor. In 1811, he v/as nominated by the republican 
convention in his county for the office of sheriff, then 
filled by the appointment of the Governor and Coun- 

* Simms' History of Schoharie County and Border Ware of New 
York, p. 627, (note.) 



WILLIAM C. BOUCK. 



cil, but he declined accepting it. The next year, he 
was a delegate to the senatorial convention for the 
Western District, held at Onondaga, and took an 
active and influential part in its proceedings. In the 
same year, (1812) he concluded to accept the office of 
sheriff, in compliance with the wishes of his friends, 
and was duly appointed by Governor Tompkins and 
the republican Council. From this office he was re- 
moved by the federalists, when they obtained the 
power in the Council of appointment, in 1813, the first 
year of the war. Mr. Bouck had now become a lead- 
ing politician in Schoharie ; he was a firm and fast 
friend of Governor Tompkins, and a warm supporter 
of the war measures of the national and state adminis- 
trations. His removal from office did not weaken or 
impair his influence, but rather added to it ; for the in- 
habitants of the county were much attached to him, — 
they were almost like one family, and adhered to each 
other with something of a clannish spirit, in the better 
and original sense of that term. 

Once fairly started upon the high-road of political 
preferment, his prospects brightened at every step, and 
success became more easy of achievement. His saga- 
cious foresight, his prudence and discretion, served him 
in great stead ; and his reputation for influence soon 
extended beyond the liniits of his ov,n county. Im- 
mediately after his removal from the office of sheriff, 
in the spring of 1813, he was elected a member of 
assembly by the republicans of Schoharie. He was 



CHOSEN STATE SENATOR. 697 

twice reelected to the same position, in 1814 and 1815, 
and returned a fourth lime, in 1817. In 1819 he was 
appointed colonel of the 18th regiment of infantry, 
"the duties of which office," says Mr. Simms, "he 
discharged with becoming dignity and skill."* At 
the April election in 1820, he was chosen one of the 
senators from the then Middle district of the state. He 
remained in the Senate till his term was ended, and 
his services dispensed with, under the new Consti- 
tution. 

Very soon after he entered public life, he formed the 
acquaintance of Martin Van Buren, and became his 
intimate political friend. Under his lead, he supported 
Governor Tompkins to the close of his career; with 
him he opposed the administration of Mr. Clinton ; and 
contributed most efficiently to the organization of the 
Bucktail party. He also opposed the administration of 
the younger Adams, aided in the elevation of General 
Jackson to the chief magistracy of the nation, and ad- 
hered to the fortunes of Mr. Van Buren till the end of 
his presidential term. 

In the legislature Mr. Bouck was not distinguished 
as a debater. He was rarely seen upon the floor. But 
in the committee room, and in the private consulta- 
tions of members, his practical good sense, his native 
talent, his judgment and discernment, were highly 
prized, and oftentimes were of great service to his con- 
stituents. To his party, his shrewdness and tact, his 

* History of Schoharie, etc., p. 62t. 
30 



WILLIAM C. BOUCK. 

prudence, and his address in the management of men, 
were invaluable. 

It would, perhaps, be improper to class him among 
the original friends of the canal policy. He had not 
over much confidence in the soundness of Mr. Clinton's 
views on the subject of internal irnprovements ; he be- 
lieved him to be both enthusiastic and visionary ; and, 
being a warm political opponent, he looked with disfa- 
vor upon his recommendations. But he was one of 
the first, among those who had doubted, to appreciate 
the immense advantages that would be derived from 
the construction of the Erie and Champlain canals ; 
and when it was proposed to pledge some of the most 
important revenues of the state, to secure, beyond 
question, the ultimate payment of the debt to be con- 
tracted, he gave the measure his cordial and hearty 
support. 

By an act of the Legislature, passed in 1821, pro- 
vision was made for the appointment of an additional 
canal commissioner. The character of Mr. Bouck for 
sagacity and ability, as a business man, now stood so 
high, that he was recommended for the new office, 
though not an applicant for it, by the people of the in- 
terior counties of the state, who thought they were 
entitled to a commissioner, without distinction of party. 
He was a rigid party man, however, and sought no 
appointment except through the instrumentality of his 
political friends. He received the unanimous nomina- 
tion of the republican legislative caucus, after several 



APPOINTED CANAL COMMISSIONER. 699 

efforts had been made to unite upon one of the more 
prominent candidates ; and was afterward chosen to fill 
the office by the two branches of the Legislature, with- 
out a dissenting vote except that of one senator, Judge 
Rosecrantz, of Herkimer county, who did not object to 
Mr. Bouck personally, but he considered the appoint- 
ment of an additional commissioner unnecessary.* 

It was with unfeigned reluctance that Mr. Bouck ac- 
cepted this office. The position was an honorable, but 
an arduous one, — full of responsibility, and environed 
with cares, perplexities, and embarrassments. It was 
anticipated that he would be assigned to the western 
section of the Erie Canal, the most difficult portions 
of which were yet to be constructed. He was not 
disposed, however, to put his hand to the plough and 
look back. The appointment was accepted ; the ne- 
cessary bonds were given ; and shortly after the ad- 
journment of the Legislature, he entered upon the per- 
formance of his official duties. He was assigned by 
his colleagues to the western section, as the successor 
of the late Myron Holley, and superintended the con- 
struction of the canal, from Brockport to its termina- 
tion at Lake Erie, including the passage of the Moun- 
tain Ridge at Lockport, the most difficult part of the 
whole line. 

* Mr. IlammnnJ says that Juilge Rosecrantz declared he would 
"never vote for a bucklaU,'' (Political History, vol. i., p. 564 ;) but the 
above is the reason assigned for his vote, at the time, to the friends of 
Mr. Bouck 



WILLIAM C. BOUCK. 



" Who, at the west, who had cognizance of those 
times and their local events, does not remember how 
faithful and indefatigable he was in the discharge of 
his duties ? — or, almost imagine that they can see him 
now, as they saw him in those primitive canal times, 
traversing the forest on horseback and on foot, from 
the log shanties of one contractor to those of another ; 
sleeping and eating where emergency made it neces- 
sary, in quarters no matter how rude or humble ; or in 
his room at the old ' Cottage' in Lockport, coolly and 
good-naturedly resisting the fierce importunities of the 
dissatisfied contractor ; yielding to exigencies here and 
there, when public interest demanded it, or strenuous 
and unyielding when it did not ; pressing on the diffi- 
cult work upon the Mountain Ridge, amid great diffi- 
culties and embarrassments ; persevering to the end, 
until he had seen the last barrier removed that pre- 
vented the flow of the waters of Lake Erie through 
their long artificial channel."* 

For much the greater part of the distance west of 
Rochester, the line of the Erie Canal, when first located, 
passed through a dense forest, that Mr. Bouck was 
obliged constantly to traverse, on horseback, in the dis- 
charge of his duties ; often carrying with him large 
sums of money, which rendered his position by no 
means a desirable one. His monthly payments to con- 
tractors, during the season of active operations, aver- 
aged about one hundred thousand dollars, and were 
* History of the Holland Purchase, p. 631. 



DUTIES AS COMMISSIONER. 701 

made in the notes of the Albany banks, instead of 
drafts, or country funds ; the commissioners of the 
canal fund having made an arrangement with them, by 
wiiich they obtained the necessary advances of mone^^ 
on more favorable terms than they could have done 
elsewhere, upon the condition that their notes should 
be paid out by the canal commissioners on the line. 
This mode of disbursement, though beneficial to the 
state in a pecuniary point of view, imposed an addi- 
tional burden of labor and responsibility upon the 
commissioners on the Western Section. 

The work on this section was pressed to completion 
as rapidly as was possible, with the means placed at 
the disposal of Mr. Bouck ; but with all his energy and 
perseverance, it was not till the fall of 1825, that the 
barrier at the Mountain Ridge was finally overcome. 
This was the last obstacle, in the way of an uninter- 
rupted communication between the Hudson and Lake 
Erie, to be removed ; and to it a very large share of 
his time and attention had been given. At length, on 
the 29th of September, he was able to announce to the 
president of the canal board, that the unfinished parts 
of the canal would be in readiness to admit the passage 
of boats on the 26th of October following. The work 
at the Ridge was completed on the evening of the 21th 
of October, when the guard gates were raised, and the 
filling of the level pommenced. On the 25th, the en- 
tire canal from Albany to Buffalo was navigable ; and 
and on the following day, the packet-boat " William C. 



702 WILLIAM C. BOUCK. : 

Bouck," selected in compliment to the commissioner as 
the first boat to pass the locks at Lockport, ascended 
to the Lake Erie level, in company with a number of 
other boats, to meet the boats irom Buffalo on board 
which were Governor Clinton and his suite. 

Besides superintending the construction of the 
Western Section of the Erie Canal, Mr. Bouck was 
also selected by his associates to take charge of the 
work on the Cayuga and Seneca, the Crooked Lake, 
the Chemung, and the Chenango Canals. All these 
canals were constructed under his superintendence 
and supervision, in addition to the performance of 
other important duties, and in a manner that reflected 
the highest credit on his business tact and capacity. '. 

His admirable fitness for the duty of overseeing the 
construction of public works, and his address in the 
management of contractors and laborers, were so well 
known and appreciated, that in the summer of 1833, 
the office of commissioner of the Utica and Schenec- 
tady railroad company was tendered to him, in order 
to secure his services in superintending the building 
of that road ; but he preferred to remain in his old 
position, and therefore declined it. 

As early as 1833, he became convinced of the 
insufficiency of the Erie Canal to do the business 
of the great and growing west ; and that, unless 
measures were taken to enlarge its capacity, the con- 
stantly increasing trade of that section of the country 
would be obliged to seek some other avenue and out- 



CANALS CONSTRUCTED BY HIM. 703 

let. This conviction daily grew stronger, and it is 
understood that the fa-st suggestions in regard to en- 
larging the canal emanated tVoni hiai, and the chief 
engineer in his employ. Whether this be correct or 
not, it is quite certain that he has ever been the con- 
stant and unwavering advocate of the Erie Canal en- 
largement. 

For nineteen years he was continued in the office 
of canal commissioner, having, during that long 
period, faithfully expended and accounted for upward 
of eight millions of dollars, and rendered extensive 
and important services to the state in the construction 
of her public works. By his persevering industry, 
and his devotion to the public interests, he obtained 
the confidence of the people in an eminent degree, 
and retained it to the last. When the whigs had 
secured a majority in both branches of the legislature, 
in 1840, it was proposed to remove him ; but at the 
first caucus of the whig members, it is said, there were 
only eleven votes in favor of the proposition. A 
large number of his opponents desired to have him 
continued in office, on account of his great experi- 
ence ; but political considerations decided the question, 
and his removal took place at the session of the Legis- 
lature in that year. 

While he had held the oflice, he had become exten- 
sively known to the citizens of all parts of the state. 
" The old white horse," as he was called, in allusion to 
a favorite animal which he had rode for many years, 



704 WILLIAM C. BOUCK. 

was as familiar on the line of the canals, as was " old 
whitey" in the camp of General Taylor. Wherever 
he was known, too, he was respected ; and his remo- 
val was regretted, even by those who justified it upon 
party grounds. Public sentiment was so strongly 
manifested in his favor, and the sympathies of his 
party were so warmly aroused on account of his 
removal, that he was regarded as the prominent candi- 
date for the gubernatorial nomination, long before the 
assembling of the democratic state convention in the 
fall of 1840. 

Other gentlemen were voted for in the convention ; 
but Mr. Bouck received a majority on the first, or 
informal ballot, and was then unanimously nominated 
as the democratic candidate for governor. Daniel S. 
Dickinson, of Broome county, was at the same time 
selected as the candidate for lieutenant-governor. 
The election of 1840, it will be remembered, was con- 
ducted with unusual warmth and sjoirit. Mr. Bouck 
was highly popular with the friends of the canals, and 
not particularly obnoxious to the conservative op- 
ponents of Mr. Van Buren. Consequently, his vole 
was a large one, — exceeding that of the Van Buren 
electoral ticket, by upward of four thousand. His op- 
ponent. Governor Seward, who was then a candidate 
for re-election, also fell behind the whig electoral 
ticket about the same number of votes ; but he suc- 
ceeded over Mr. Bouck, by a little over five thousand 



CONSERVATIVES AND RADICALS. 



705 



majority, in a poll of four hundred and forty thousand 
votes. 

The ancient difficulties and divisions in the demo- 
cratic party growing out of the internal improvement 
system and the construction of the lateral canals, still 
continued to interfere with and to prevent its harmoni- 
ous action. There were, in truth, two factions, the 
differences between which had been constantly grow- 
ing wider since the administration of Governor 
Throop. The one, afterward known as conservative 
democrats or hunkers, were in favor of prosecuting 
the public works to completion, and of commencing 
others that promised eventually to be profitable, but 
not of increasing the debt of the state to a large 
amount. The other faction, subsequently called radi- 
cals or barnburners, were opposed to the construction 
of any work that would not pay for itself, and to any 
increase of the state debt ; and they thought that the 
canals should be charged with all the revenues, such 
as the salt and auction duties, originally set apart for 
their construction, and that this debt to the general 
fund, in which light they regarded it, ought to be paid 
before any other new liabilities for purposes of im- 
provement were incurred. The conservative demo- 
crats, on the other hand, insisted, that these revenues 
had been very largely augmented by the construction 
of the canals, and that it would be unjust to charge 
them with moneys which they had thus indirectly 
earned for the state. Minor questions, and personal 

30* 



45 



706 WILLIAM C. BnUCK. 

considerations, no doubt, had their influence in pro- 
moting the division between the two factions ; but the 
main causes of difference, as respected measures, had 
reference to the canal and financial policy of the 
state. 

At the head of the conservatives were Mr. Bouck, 
Mr. Croswell, the editor of the Albany Argus, Samuel 
Beardsley, Daniel S. Dickinson, Henry A. Foster, and 
Horatio Seymour. The radicals followed the lead of 
Samuel Young, Azariah C. Flagg, George P. Barker, 
and Michael Hoffman. Mr. Van Buren, ex-Governor 
Marcy, and Silas Wright, had not been much identified 
with state politics for a number of years ; but Gover- 
nor Marcy was understood to sympathize with the 
conservatives in preference to the ultra policy of the 
radicals, and Mr. Van Buren and Mr. Wright were 
inclined to favor the latter. 

There were, of course, various shades of opinion 
among the members of the two factions ; and many 
leading politicians were not disposed to take sides at 
all; yet the division in opinion, marked as has been 
stated, really existed, though not made so apparent at 
this time as after the lapse of a few years. 

While the whigs were in power, the canal debt was 
largely increased. The democrats took advantage of 
this ; and the radicals being more earnest than the 
other faction in condemning the policy of the oppo- 
sition, when their party regained the ascendency, they 
coiitiolled its movements for a time. The democratic 



THE STATE FINANCES. 



7d7 



stale officers and canal commissioners elected in 1842 
were mostly radicals, and that faction was considera- 
bly the stronger in the Legislature. For several 
years, the radicals had advocated the amendment of 
the constitution so as to require every law increasing 
the state debt, except for purposes of defence against 
invasion and in case of war, to be submitted to the 
electors for their approbation, to be indicated by their 
votes, before it should take effect. Resolutions of 
that purport were proposed in 1841 and 1842, but 
defeated by the whigs and ultra conservatives in the 
Legislature. 

At the session of 1842, the subject of the state 
finances was discussed at length, and a law was en- 
acted suspending the completion of the public works, 
imposing a direct tax, and pledging a portion of the 
canal revenues as a sinking fund for the payment of 
the existing debt. This law was a radical measure ; 
it having originated with the Comptroller, Azariah C. 
Flagg. The act was entitled " an act to provide for 
paying the debt and preserving the credit- of the 
state," but is commonly known as " the stop and tax 
law of 1842." 

It was with very great reluctance that many of the 
leading conservative democrats gave their consent to 
the passage of this law, and they made every effort to 
procure such amendments as would enable the canal 
commissioners gradually to complete the unfinished 
works, where they were far advanced, without any 



708 



WILLIAM C. BOUCK. 



suspension as to them. Governor Bouck himself was 
not friendly to the suspension, but was in favor of 
sending an agent to Holland to negotiate a loan. This 
was his individual opinion as to the proper course to 
be pursued, but he soon found that a large majority, 
even of the conservative democrats, were disposed to 
support the " stop and tax" policy cordially and in 
good faith, whereupon he ceased his opposition to the 
bill. 

Ever since his defeat in 1840, Governor Bouck had 
been the prominent candidate for the next gubernato- 
rial nomination. In the winter and spring of 1842, 
however, a number of the prominent radicals took 
pretty strong ground against him, yet they were un- 
able to secure a majority of the delegates to the dern- 
I ocratic state convention who were opposed to his 
nomination. The convention assembled at Syracuse 
on the 7th of October, 1842. At a private and in- 
formal meeting of the delegates, it was ascertained 
that Mr. Bouck was the first choice of a large majority, 
and he was accordingly nominated, unanimously, in 
the convention, with Mr. Dickinson as the candidate 
for lieutenant-governor. Resolutions were also adopt- 
ed, pledging tlie party, and, of course, its candidates, 
to the financial policy of 1842. This seemed to sat- 
isfy the radicals, and they united with apparent hearti- 
ness in the support of the nominations. 

The opponents of Mr. Bouck and Mr. Dickinson 
were Luther Bradish and Gabriel Furman. Both 



EMBARRASSMENTS OF HIS ADMINISTRATION. 



709 



were gentlemen of high standing in the whig party, 
and they were sustained with a good degree of en- 
thusiasm. But the tide had turned ; the internal im- 
provement and financial policy of the whigs was not 
popular with the people ; and the ascendency of the 
democratic party in the state was completed by the 
election of their candidates for governor and lieuten- 
ant-governor, by about twenty-two thousand majority. 
On the 1st day of January, 1843, Mr. Bouck took 
the oath of office as governor of the state. Notwith- 
standing the united efforts of the democratic party 
had placed him in the gubernatorial chair, it was evi- 
dent that a collision would soon take place between 
the two factions, and the ultra leaders, on both sides, 
were not at all backward in expressing their desire to 
have it take place. At the democratic legislative 
caucus in 1842, called for the selection of state officers, 
the nomination of Samuel Beardsley, a prominent con- 
servative democrat, to the office of attorney-general, 
which he had held when his party lost the political 
control of the state, was opposed and defeated by the 
radical friends of Mr. Young and Mr. Flagg.* This 
was an indication of the spirit existing on one side ; 
and on the other, there was a similar feeling exhibited, 
to take care of their friends and to put down their op- 
ponents, whenever they had the power to do so. 

* Tlie radicals justified their opposition to Mr. Beardsley, upon the 
ground that his friends had endeavored to prevent the reelection of 
Silas Wright as a Seaator in Congress, in the winter of 1837. 



710 



WILLIAM C. BOUCK. 



Sometime previous to the assembling of the Legisla- 
ture in January, 1843, various suggestions were thrown 
out in the democratic journals belonging to the radical 
interest, as to who should, and who should not, be the 
advisers of Governor Bouck. His position, therefore, 
was one of great delicacy : at the very threshold of 
his administration, he encountered difficulties and em- 
barrassments of the greatest character ; and their dis- 
turbing influence was felt from its beginning to its 
close. Like most men in his situation, he seems to 
have been iinpressed with the idea that he could con- 
ciliate and harmonize the conflicting elements, and at 
the same time make the support of his administration 
the test of party fidelity. This was his mistake, — the 
great defect in his policy. If he had discountenanced 
the idea of any divisions in the party, or the existence 
of any unfriendly feelings towards himself or his ad- 
ministration, it is very doubtful whether efforts at con- 
ciliation, under such circumstances, would have suc- 
ceeded. But as the support of his administration and 
its measures was exacted, he should have made no 
compromise with those democrats who opposed it, but 
entirely excluded them from his selections for official 
appointments. 

Being the first democratic executive, after a whig 
administration of four years, he was called upon to 
exercise the appointing power to a greater extent than 
any one of his predecessors, with the exception of 
Governor Yates. It was impossible for him to avoid 



THE STATE OFFICERS. 



711 



incurring the hostility of those who were disappointed, 
though it appears to have been his desire to give gen- 
eral satisfaction. Yet, instead of strengthening him- 
self by his appointments, he was almost always gov- 
erned by the recommendations of county conventions, 
or by the wishes of the democratic members of the 
legislature from the respective counties. Where he 
was left free to act in accordance with his own prefer- 
ences, he usually made his selections, especially for 
important offices, from among the conservative demo- 
crats. Toward the latter part of his administration, 
he pursued this course more generally than he had 
before done ; but it was then too late to bring the 
whole appointing power to bear in his favor. 

His course in regard to appointments, taking the 
entire period of his administration together, may be 
said to have been as conciliatory and impartial as 
could well have been expected, although he evinced 
but little tact in strengthening himself The radical 
state officers, on the other hand, pursued a diflerent 
policy. They had the control of the canal board, 
though with much less patronage ; yet they made all 
their appointments from their own particular friends, 
and ultimately carried a large portion, perhaps a ma- 
jority, of the democratic party with them, in opposition 
to the administration of Governor Bouck. 

A quasi feeling of hostility to the governor was 
manifested on the part of the state officers, at the very 
outset of his administration. Ever since the adoption 



712 



WILLIAM C. BOUCK. 



of the constitution of 1821, it had been the invariable 
custom of the democratic governors to draft their 
messages, and then to submit them to more or less of 
the state officers, or to their immediate confidential 
friends and advisers. This was always done at the 
residence of the governor, or at the executive chamber. 
On these occasions the messages were read over care- 
fully, and freely criticized ; new suggestions were 
offered, and corrections and alterations were often 
made. Governor Bouck did not depart from this 
practice. He v,'rote out his first message himself; 
and, after submitting it to a few confidential friends, 
as his predecessors had frequently done, he invited the 
state officers to the usual reading and discussion of the 
message. They had declined meeting the governor at 
his residence, or at the Executive Chamber, but re- 
quired him to meet them at the state hall. He com- 
plied with their wishes ; the message was read over in 
their presence, but no alterations were made or sug- 
gested by either of them. Some of the radical presses 
afterward criticized it with some severity. For this 
reason probably, the second message, delivered to the 
legislature in January, 1844, was not submitted to a 
similar ordeal. The breach between the governor 
and the state officers had then become marked and de- 
cided, and neither party seemed desirous of consulting 
with or advising the other. 

Immediately after the organization of the Legislature 
in 1843, a warm contest sprung up with reference to 



ELECTION OF STATE PRINTER. 713 

the election of a state printer in the place of Thurlovv 
Weed, the editor of the Albany Evening Journal, and 
the incumbent of the office during the administration 
of Governor Seward. The radicals were exceedingly 
anxious to prevent the election of Mr. Croswell, of the 
Albany Argus, but they entirely failed in their efforts 
to defeat him. He was again chosen to the office he 
had formerly held, and his opponents then rallied 
around the Albany Evening Atlas, a paper recently 
established at the capital, and for several years after- 
ward edited and published by James M. French and 
William Cassidy. A bitter editorial warfare was now 
carried on between the Argus and Atlas ; the demo- 
cratic papers throughout the state, with here and there 
an exception that endeavored to remain neutral, ranged 
themselves on one side or the other ; and the line of 
division between the two factions daily grew broader, 
while the whigs did all in their power to widen the 
breach. 

From this time forward there was an entire want of 
harmony among the democratic members of the Legis- 
lature. The radicals united with the whigs to defeat 
the nominations of Governor Bouck where they were 
objectionable to them ; and at the close of the legisla- 
tive session in the spring of 1844, a number of the 
more ultra radicals refused to sign the customary pro- 
ceedings of the party caucus, because resolutions had 
been adopted approving of the course of the governor 
and lieutenant-governor. 



714 WILLIAM C. BOUCK. 

Upon national politics, and in regard to many ques- 
tions of state policy, the two factions were pretty well 
agreed. In respect of all great measures, too, the ad- 
ministration of Governor Bouck was essentially demo- 
cratic. In former years, the subject of the state 
finances and the canal policy iiad occasioned consider- 
able difficulty and disagreement in the democratic 
party, but this was nearly put to rest by the law of 
1842. Governor Bouck himself, whatever may have 
been his private opinions, does not appear, at any 
time, to have exerted the influence of his office to 
produce a change in the policy established by that 
law. In his annual message in 1843, he recommended 
the subject of internal improvements by roads and 
canals to the Legislature, but expressed his approbation 
of the law of 1842, and cautioned them against in- 
creasing the state debt unwisely, or authorizing ex- 
travagant expenditures or ill-advised undertakings. 
In the message of 1844, he avowed similar sentiments ; 
and, wiiile declaring himself friendly to objects of in- 
ternal improvement, he laid down this principle, — that 
"a debt, for the purposes of internal improvement, 
should not be extended beyond the ability of those 
improvements to meet the interest, and ultimately re- 
deem the principal." 

Some of the conservative friends of the governor, 
however, were in favor of modifying the law of 1842, 
so as to permit the early completion of the unfinished 



FINANCIAL POLICY. 715 

works, and made repeated efforts to accomplish that 
object in 1843 and 1844.* But they were not sus- 
tained by a majority even of those who belonged to the 
same faction with themselves, and, of course, failed in 
every attempt. This did not satisfy the radicals ; and 
they were desirous of putting the matter entirely be- 
yond the control of the Legislature. For this purpose, 
their proposition to amend the constitution was again 
brought forward in 1843, but was defeated by the votes 
of the whigs and conservative democrats. The prin- 
ciple of this amendment proved to be popular with the 
tax-payers of the state, and at most of the democratic 
county and senatorial conventions, in the fall of 1843, 
it was warmly approved. In deference to this expres- 
sion of his party. Governor Bouck recommended, in 
his annual message in 1844, that some constitutional 
checks should be adopted against the creation of a 
debt ; that the Legislature should be deprived of the 
power to make loans to corporations ; and that every 
appropriation of the public money should require a 
vote of two thirds of the members of the legislature. 
In the mean time a number of the leading radicals 

* An act, drawn up by Mr. Seymour, one of Mr. Bouck's confiden- 
tial friends, passed the Legislature in 1844, appropriating a part of the 
surplus revenue, after corn])lyinjj with the provisions of the law of 
1842, to the completion of the unfinished works. The radicals opposed 
this measure, and insisted that it was contrary to the spirit of the law 
of 1842, though they did not claim that it was a violation of the letter, 
to make any such appropriations until the existing debt should be 
paid. 



^m 



WILLIAM C. BOUCK. 



had taken ground in favor of a convention to revise 
the constitution, and a large portion of the whigs ap- 
peared to be friendly to the suggestion. This project 
was agitated in the Legislature of 1844, but as nearly 
all the conservative democrats now ceased their oppo- 
sition to the amendment of the constitution which the 
radicals had urged, no definite action was had upon it. 
The resolutions of amendment, defeated in 1843, were 
once more taken up, and being sustained by almost the 
united vote of the democratic party in the Legislature, 
were adopted by a large majority. This did not ter- 
minate the dispute between the two factions ; because 
the resolutions were to be referred to the succeeding 
Legislature, according to the provisions of the constitu- 
tion of 1821, and then submitted to the electors of the 
state. 

During the two years of Governor Bouck's adminis- 
tration, the democrats had the control of both branches 
of the Legislature, but the contests between the two 
factions interfered very much with the proper business 
of legislation. 

Among the recommendations of the governor, not 
before mentioned, were the amendment of the consti- 
tution so as to increase the efficiency of the judiciary 
of the state, the modification and alteration of the 
safety-fund law so as to secure more perfect protection 
against losses by the failure of the banks, and the im- 
provement of the militia system. He also advised the 
passage of a law directing the locks on the canals to 



OPPOSITION TO IIIS RENOMINATION. 717 

be closed on the Sabbath, provided it was thought by 
the Legislature tiiat such a law could be enforced. 

After the adjournment of the Legislature in the 
spring of 1844, the opposition to Governor Bouck be- 
came more decided than ever. The course of the 
radical members in refusing to approve of the measures 
and policy of his administration was commended by all 
the presses in that interest, and as warmly condemned 
by those belonging to the opposite faction. 

It was now very evident that his renomination would 
be opposed with considerable earnestness. Indeed, some 
of the radical papers had, during the previous winter, 
openly advocated the selection of another candidate. 
Among others, whose names were presented to suc- 
ceed him in the gubernatorial office, was the late Silas 
Wright, then a senator in Congress. Mr. Wright had 
taken no part in the divisions and contests of the two 
factions in the democratic party of the state, and 
Governor Bouck was very willing to decline a renom- 
ination in his favor. Accordingly, in the month of 
April, 1844, a friend of Mr. Bouck addressed a letter to 
Mr. Wriffht, informinci; him that the former would cheer- 
fully yield if he would accept a nomination. In reply, 
Mr. Wright said, that under no circumstances, which 
he could anticipate, would he consent to become a 
candidate. To this determination Mr. Wright ad- 
hered, although he did not go so far as absolutely to 
forbid the use of his name. Still, it is quite evident 



WILLIAM C. BOUCK. 



he had no desire to leave the Senate, or to mix himself 
up with the party feuds in New York. 

Notwithstanding Mr. Wright's feehngs and wishes 
were made known through the democratic papers, the 
radicals persisted in urging his name. They were soon 
joined by all the moderate men in the party, who an- 
ticipated defeat if he were not the candidate, and he 
was finally nominated over Governor Bouck by the 
democratic state convention. 

Governor Bouck and his friends, however, cheerfully 
supported Mr. Wright at the polls. The latter did not, 
it is true, receive the usual democratic majority in 
Schoharie county, and especially in Fulton, the resi- 
dence of Governor Bouck, but this was entirely owing 
to the anti-rent question. 

Shortly before the close of the administration of 
Governor Bouck, the public peace was again disturbed 
by a renewal of the outrages on the manorial lands. 
Bands of the tenants, or anti-renters, had armed and 
disguised themselves as Indians, and in the month of 
December, 1844, the official papers of the sheriff of 
Columbia county were forcibly taken from him and 
burned ; and at one of the meetings of the anti-renters 
held in the same county, at which arms were liberally 
displayed, a young man was shot dead. Similar dis- 
turbances occurred about the same time in the county 
of Rensselaer. Governor Bouck immediately held a 
consultation with the state officers, and with Mr. 
Wright, the governor elect, in which it w^as deter- 



APPOINTED ASSISTANT TREASUKER. 719 

mined to order out an armed force to assist the author- 
ities ot^ Columbia county in maintaining order and 
enforcing the laws. This was promptly done; and 
the offenders were afterward arrested, tried and pun- 
ished, and tranquillity restored. 

Governor Bouck, with most of the prominent mem- 
bers of the democratic party, including Mr. Van Bu- 
ren, Mr. Marcy, and Mr. Wright, was originally op- 
posed to the project of calling a convention to revise 
the constitution in 184G, and in his annual message in 
1844, he made a distinct avowal of his sentiments upon 
the question. The county of Schoharie, however, gave 
a large majority in favor of a convention, but this was 
mainly owing to the heavy vote of the anti-renters. 
Yet Governor Bouck was still so popular among his old 
friends and neighbors, that he was chosen one of the 
delegates to the convention. He took part in its de- 
liberations, and was chairman of the committee on the 
elective franchise. 

During the sitting of the Convention, in June, 184G, 
he was appointed by President Polk to the office of 
Assistant Treasurer in the city of New York. This 
appointment was conferred without solicitation on his 
part, and was reluctantly accepted. It, of course, in- 
terfered to some extent with his duties as a member of 
the Constitutional Convention, and he was unable to 
be present during all the discussions. In the financial 
provisions, so far as they affected the canal policy of 
the state, incorporated into the constitution, he took a 



720 WILLIAM C. BOUCK. 

deep interest, and endeavored, though in vain, to se- 
cure to the Legislature a larger discretion in regard to 
completing the unfinished works than was finally con- 
ceded. 

He discharged the duties of the office of Assistant 
Treasurer, rendered particularly delicate and onerous 
during the progress of the Mexican war, with great in- 
tegrity, and to the entire satisfaction of the government 
and the public, till he was removed by President Tay- 
lor, in the month of May, 1849, His successor assumed 
the office on the 1st of July, when he returned to his 
island-farm in the beautiful valley of the Schoharie kill, 
where he is now enjoying a dignified retirement, sur- 
rounded by his old friends, and in the possession of 
good health and spirits. 

In 1807, he married Catharine, the only daughter 
of Jacob Lawyer, who was the son of Jacob Frederic 
Lawyer, the co-patentee of his grandfather before men- 
tioned. By her he has had eleven children, of whom 
eight are now living. 

He has ever been regular and frugal in his habits, 
and, with the aid of a good constitution, has passed 
through life in the enjoyment of robust health. He is 
emphatically a self-made man, and his education has 
been almost wholly the result of experience. To his 
nativ^e strength of character, and native talent, he is 
mainly indebted for the official honors that he has re- 
ceived. These have certainly not been unwisely be- 
stowed upon him. Throughout the long period which 



CHARACTER. 721 

he has passed in public life, he has maintained a high 
character for prudence and discretion, for honesty of 
purpose, for practical ability, and for unsullied integ- 
rity. These are, indeed, strong claims to the esteem 
and approbation of his fellow-citizens 

31 



4(> 



SILAS WRIGHT. 

" Nothing," says Thomas de Quincy, " makes such 
dreary and monotonous reading, as the old hackneyed 
roll-call, chronologically arrayed, of inevitable facts in 
a man's life. One is so certain of the man's having 
been born, and also of his having died, that it is dismal 
to lie under the necessity of reading it." 

Notwithstanding this dictum of one whose opinions 
are entitled to the utmost respect, it is exceedingly 
doubtful, whether the admirers of the " English Opium- 
Eater," whose name is legion, have been more delighted 
with the sparkling wit, the kindly sentiment, and the 
genial good-nature, than with the little, almost trivial 
incidents, recorded in his " Sketch from Childhood." 
Greatness, like distance, always lends " enchantment 
to the view." The humblest shrub or flower that 
sheds its fragrance or unfolds its beauties, beneath the 
shadow of the towering Cordillera, derives an additional 
charm and interest from its position ; and so, the most 
trifling events and objects, in the history of a great 
man, or connected with his fame and character, are 
invested with more than ordinary attractions. 

The " inevitable facts" in the life of the subject of 




l''r. '-l'\rirMai /H Jamil,)' 



K 



HIS ANCESTORS. 723 

this sketch are these : His ancestors were among the 
early emigrants from " father-land," who sought an 
asylum and a home on the bleak and inhospitable shores 
of New England! Samuel Wright, the first of the 
family of whom we have an authentic account, was 
one of the first settlers of Springfield and Northampton, 
in the colony of Massachusetts, and died at the latter 
place, in 1G65. His son, Samuel Wright, junior, was 
killed by the Indians, at Northfield, near the New 
Hampshire line, in 1675. Joseph Wright, the son of 
the latter, died at Northampton, in 1697, leaving a son 
by the name of Samuel, who died about the year 1740. 
Samuel Wright, the third of the name, also left a son, 
bearing the same name with himself, who removed to 
the north part of Hadley township, now Amherst, and 
whose son, Silas, was the father of the future governor 
of New York. Silas Wright, the elder, was appren- 
ticed at an early age, and never went to school a day 
in his life. His trade was that of a tanner, currier and 
shoemaker, all these occupations being usually united 
in one and the same person, in those primitive days. 
When he had served out his time, so little attention 
had been paid to his education, that he could neither 
read nor write ; but his deficiencies in this respect were 
supplied by the kindness of his fellow-journeymen, who 
showed him how to keep accounts and to transact or- 
dinary business. An inquisitive and observing mind, 
and an excellent judgment, completed his stock of qual- 
ifications, when he commenced business for himself. 



724 SILAS WRIGHT. 

His wife was also a native of Hampshire county, 
and had received a good education, by which he is 
said to have profited after their marriage. Certain it 
is, she aided him materially in the management of his 
affairs. Both were industrious and enterprising, and 
prosperity smiled good-naturedly upon them. They 
were the parents of nine children, — five sons and four 
daughters, two of whom died in infancy. 

Silas Wright, their son, who is the subject of this 
memoir, was born in the town of Amherst, Massachu- 
setts, on the 24th day of May, 1795. In the year fol- 
lowing that of his birth, his father gave up his trade, 
and removed to the town of Weybridge, Addison 
county, Vermont, where he purchased a farm and de- 
voted himself to agricultural pursuits. This continued 
to be his occupation up to the time of his decease, 
which took place in 1843. All of his sons, with the 
exception of Silas, likewise became farmers ; and his 
sons-in-law, too, followed the same honorable occu- 
pation. 

Young Silas Wright was reared and educated as a 
farmer's son among the green hills of his adopted 
state. According to the family traditions, his rare 
natui'al endowments, his prudence, discernment, and 
good judgment, early attracted notice, and his father 
regarded him as his hope and pride. Until he had 
passed his fourteenth year, he worked on the farm in 
summer, after he became old enough to endure the 
fatigue and labor, and attended the district school 



EDUCATION. 725 

during the winter months, in accordance with the cus- 
tom of the times. 

His father, however, had determined to give him a 
liberal education as his share of his fortune, and the 
ambition of the lad had long pointed in that direction. 
Accordingly, he entered the academy at Middlebury, 
when he was fourteen years of age, in order to fit 
himself for a collegiate course. Having completed 
his preparatory studies he was admitted a member of 
the freshman class in Middlebury college, and remained 
in that institution till he graduated, in the summer of 
1815. In the academy and in college he maintained a 
high character for talents and for his studious habits. 
Acuteness of intellect, rare powers of mental applica- 
tion, force and energy of character, a retentive memo- 
ry, and a judgment that rarely failed him, — all accom- 
panied with a robustness of health, strengthened by toil 
and the fresh pure air of his country home, and pre- 
served by the strict frugality of his manner of life, — 
were treasures which the young student possessed, and 
which he knew how to appreciate. 

Self-reliance was early taught him, and it became 
one of the brightest traits in his character. His 
father's means were limited, and as soon as he could 
lighten the burden of his expenses, he was prompt to 
assist himself. During the last three years of his col- 
legiate course, he taught a district school in the winter, 
and in that way both contributed to his support and 
improved his natural and acquired talents, by impart- 



SILAS WRIGHT. 

ing to them the poHsh of obsen'ation and experi- 
ence. 

The period which he spent in college was one of 
unusual excitement. It was that of the second w^ar 
with Great Britain; and party feelings and prejudices 
were nowhere more strong and decided than in the 
New England states. His father was a decided re- 
publican, and had been several times elected by his 
party, a member of the Vermont Legislature. He 
was something of a politician, therefore, and having 
espoused the political doctrines of Jefferson and Madi- 
son, was an ardent supporter of their administrations, 
and of their foreign and domestic policy. He ap- 
proved most heartily of the war of 1812, and, with 
his oldest son, took part, as a volunteer in the battle 
of Plattsburgh, 

His son, Silas, was one of four republicans in a 
class of thirty ; for the fires of party politics burned 
as brightly in the collegiate hall, as in the state-house 
or at the hustings. It required, indeed, no small 
amount of courage, to face the torrent of abuse 
poured upon Madison and the republican party in the 
New England states. The federalists had a large 
share of the talent of the country, and if anathemas 
and denunciations could have availed them aught, 
their opponents would have been prostrated beyond 
the hope of recovery. They mistook, however, the 
genius and spirit of the American people, and their 
■very strength proved their weakness in the end. 



STUDIES LAW. 727 

Their denunciations, like chickens, " came home to 
roost." 

Young Wright was prominent, nay foremost, in the 
political discussions which were held in the halls of 
his Alma Mater, and here, perhaps, were laid the 
foundations of that firm and ardent attachment to the 
principles and doctrines of the republican, or demo- 
cratic party, which he evinced through his whole life. 

As has been intimated, he graduated at the annual 
commencement in 1815. He had already determined 
to embrace the legal profession, and in the month of 
October following, he entered the office of Henry C. 
Martindale, at Sandy Hill, Washington county, in the 
state of New York. Mr. Martindale was a lawyer 
of considerable eminence, and afterward became a 
distinguished politician. He had formerly been a fed- 
eralist, but he supported the administration of Mr. 
Monroe, and was a warm friend and supfwrter of the 
younger Adams.* 

Mr. Wright remained in the office of Mr. Martin- 
dale about eighteen months, and then continued, and 
completed his studies with Roger Skinner, at that time 
the attorney of the United States for the northern dis- 
trict of New York, and afterward District Judge. Mr. 
Skinner kept an office at Sandy Hill, but in 1817 he 
was elected a member of the state Senate, and subse- 
quently spent a greater portion of his time at Albany. 

* He was a roprescntativc ia Congress, from 1823 to 1831, and again 
from 1833 to 1835. 



SILAS WRIGHT. 

During his absence, the care of his business devolved 
in a great degree upon Mr. Wright, and he often spoke 
in high terms of his indebtedness to the fidelity, indus- 
try, and attention of his pupil. The latter drew up a 
large share of the papers in the office, to which he was 
pretty closely confined, though he occasionally visited 
Albany and other places upon the business of Mr. 
Skinner, and for several months taught a school at 
Fort Miller. 

Mr. Skinner was a good lawyer, and maintained a 
fair standing at the bar of the state. He possessed 
more than an average share of talents, yet he seemed 
to derive greater pleasure from their employment in 
the party contests of the day than in the legitimate 
walks of his profession. He was a politician con 
amore ; and it is n)ore than probable, that Mr. Wright, 
in his companionship with such a man, acquired that 
fondness, not to say that zest, for politics, which gave 
tone and color to his after life. 

While he was reading law, Mr. Wright was often 
employed in causes in justices' courts, in the manage- 
ment of which he displayed an ability that gave 
promise of future excellence in his profession. He 
■was finally admitted to the bar of the Supreme Court 
of New York, as an attorney, at the January term in 
1819. His health had now become considerably im- 
paired by his constant and unremitting attention to liis 
studies, and confinement to the office and desk ; for 

which reason, in accordance with the advice of his 

I* 



LOCATES AT CANTON. 729 

friends, he determined to spend a portion of the follow- 
ing spring and summer in travelling on horseback, 
both for the pm-pose of regaining his strength, and of 
discovering some favorable location at which he might 
establish himself permanently in the practice of his 
profession. 

Western New York was then rapidly springing into 
consequence ; it was the great attraction, the land of 
promise, to the youthful adventurers from the older 
settlements at the east; and in this direction Mr. 
Wright turned his course. He followed the main cen- 
tral route leading to the western counties, occasionally 
diverging from it to visit some place of which he had 
heard flattering accounts, and on his return travelled 
through the northern portion of the state. There were 
several towns which he had seen on his journey, that 
promised well on the score of eligibility, but none 
exactly suited his fancy, till he reached Canton, in the 
county of St. Lawrence. 

Settlements had been made in this county, at Og- 
densburgh and Canton, more than twenty years previ- 
ous ; but it was still new, and its rolling hills, its broad 
plains and valleys, were yet hidden beneath the prime- 
val forests. The practiced eye of the farmer's son saw 
at a glance the advantages which it offered to the 
agriculturist, and which assured him that it would soon 
take a high rank among the neighboring counties. 
His own natural inclinations, and the recollections and 
associations lingering in his memory, predisposed him 
31* 



SILAS WRIGHT, r - 

to take up his residence among a farming population. 
Though bred to the law, he was more than half a 
farmer. 

At Canton he found an old friend of his father, 
whose name was Medad Moody, and who had for- 
merly lived in Weybridge. Mr. Moody urged him 
with much earnestness to establish himself in the place 
where he resided, and offered to build him a law office, 
which he afterward did. Ogdensburgh was then the 
county seat ; but Canton was the geographical centre 
of the county, and it was then predicted that when the 
public buildings came to be rebuilt, they would be 
located there. Mr. Wright was impressed with the 
justice of these anticipations, and they were subse- 
quently realized. He concluded, therefore, to comply 
with the request and solicitations of Mr. Moody. After 
coming to this determination, he went on his way to 
his father's residence in Vermont, but returned again, 
and, in the month of October, 1819, opened an office 
at Canton, which continued to be his home ever after, 
except during the temporary absences occasioned by 
his official employment. 

" Good counsellors," says Shakspeare, " lack no 
clients."* This was true of Mr. Wright. Consider- 
ing his location, his success in his profession was as 
rapid and as great as could reasonably have been an- 
ticipated. Canton was then but a small country vil- 
lage, situated in the midst of a rural population, and the 
* Measure for Measure. 






PROFESSIONAL CHARACTER. 731 

business which it afforded to a lawyer was limited in 
amount, and yielded hut very moderate pecuniary re- 
turns. He possessed a superior mind, however, and it 
was not long in exhibiting its fruits. His talents, his 
unassuming deportment, his punctilious observance of 
the proprieties of life, the ease of his manners, and the 
suavity of his disposition, made every one his personal 
friend. He was accessible to all, whether rich or poor. 
He never charged anything for advice, but his counsel 
was given without fee or reward ; it was not prompted 
by motives of self-interest, but always looked to the 
good of his client. 

It was impossible fur such a man to fail of success ; 
but he did not rise rapidly to distinction. He made no 
sudden attempts to reach the goal on which his young 
ambition had fixed its hopes. His progress was steady 
but assured. The growth of his fame was like that of 
the oak : — 

" First seedling hid in grass, 
Then twig, then sapling, and as century rolls, 
Slow after century, a giant bulk, 
1 Of girth enormous." 

The temples erected by Marcellus, to Virtue and 
Honor, it is said, were built in such a manner, that, in 
order to enter the temple of Honor, it was necessary 
first to pass through that of Virtue. Like the Roman, 
then, Silas Wright made his offerings at the shrine of 
Virtue before he deposited his laurels in the fane of 



l$S2 SILAS WRIGHT. ' ' 

Honor. Few members of his profession, very few, 
have enjoyed a better or higher reputation. After he 
became known, his clients, friends, and acquaintances, 
were accustomed to repose the most perfect and entire 
confidence in his capacity and integrity. " He was 
the first lawyer I ever saw," said a shrewd and observ- 
ing farmer of St. Lawrence county, " whose law was 
all common sense ; and he always gave plain, sensible 
reasons, for his opinions on any subject." 

Had Mr. Wright remained at the bar, and devoted 
his whole time, and all the energies of his mind, to his 
professional pursuits, he would have risen to an emi- 
nence rarely attained ; for within two years after he 
commenced practice at Canton, it was generally con- 
ceded that he had no superior in the county. He pos- 
sessed many of the traits and faculties which go to make 
up the character of the first-rate lawyer. He was not a 
natural orator ; that is, his voice and manner of delivery 
were not of themselves attractive. But he had affluence 
of diction, and a winning way that captivated and de- 
lighted the juror. He possessed great general knowl- 
edge, and understood how to avail himself of it. His 
mind was vigorous and impressible : it had a breadth, 
compass, and strength, that enabled him to grasp the 
features of a cause with a giant's power. By his kind- 
ness and urbanity he drew everything from a witness 
that he needed, and falsehood and prevarication were 
confounded in the presence of his sagacity and dis- 
crimination. He was dexterous in sifting and win- 



POPULAR MANNERS, 783 

nowing testimony ; and the most dark and intricate 
web grew clear as noon-day beneath the rays of his 
luminous mind. In argument he was strong, lucid, 
logical. He had, too, a spirit worthy of the immortal 
Areopagus, that lifted him above the sordid and de- 
basing passions that often hide themselves under the 
robes of the advocate. His equanimity was remark- 
able — his judgment a faithful Palinurus, that never left 
the helm. 

From the time when he first became a resident of 
Canton, till the close of his life, he enjoyed a personal 
consideration and popularity, among his neighbors and 
fellow-citizens, almost without parallel. He was in- 
debted for this, not more to the affability of his dispo- 
sition, than to the simplicity and practicability of his 
life. He possessed popular manners — not the arts and 
tricks of the demagogue, — but those natural traits 
which establish feelings of sympathy between the pos- 
sessor and those brought within the sphere of his in- 
fluence. There was no affectation about him. He 
was the friend and companion of all. His habits, his 
style of dress, and manner of living, were like those 
around him. He hunted and fished with the young 
men on terms of equality, and interested himself in the 
welfare of their elders, not from curiosity, but from 
motives of kindness. 

In the performance of social duties and obligations, 
he was exemplary. He often went a distance of 
several miles on foot, to visit a sick friend, or to attend 



1^« SILAS WRIGHT. 

a funeral ; and took his turn with Iiis neighbors, in 
watching by the bedside of the dying. When the 
nninister was absent, he read the sermon at " the dea- 
con meetings," as they were called. He frequently 
officiated as pathmaster in his district, and always did 
a full day's work. In every public enterprise he was 
foremost. When Canton became the county-seat, it 
was said by the inhabitants of the rival towns, that 
there were no suitable materials to be had in that vi- 
cinity, for the construction of the public buildings. 
Mr. Wright and his fellow-townsmen soon demon- 
strated the contrary. He led them to the quarry, with 
a shovel, pickaxe and crowbar in his hands, and 
.worked day after day beside them, refusing absolutely 
to receive any pay for his services. 

He was public-spirited, charitable, and generous. 
He took a deep interest in the common schools, the 
seminaries of learning, and the benevolent institutions, 
of the town and county. Though he was never a rich 
man, from a small tract of land which he had purchased, 
he gave several acres to the Presbyterian Society of 
Canton, on which they erected a church edifice, and 
devoted another portion to the purposes of a public 
square. — Such was the character of Silas Wright as a 
citizen and neighbor ; and shall we wonder that the 
people of St. Lawrence county respected and esteem- 
ed him, — that the old blessed him, that the young re- 
garded him with love, that the very children inquired 



APPOINTED SURROGATE. 735 

after him, when he was absent at Washington, with 
reverence and affection ? 

In common with a very large share of the repubU- 
cans of Vermont, Mr. Wright's family and himself 
were inclined to be partial toward John Quincy Ad- 
ams, both because of his eminent talents, and of his 
support of the war policy and measures of Madison's 
administration. But the intimacy of the former with 
Mr. Skinner changed the direction of his early predi- 
lections. He became an ardent and decided Anti- 
Clintonian or Bucktail, and a warm admirer of Mr. 
Van Buren ; and with the majority of his party friends, 
he afterward favored the election of Mr. Crawford to 
the presidency. 

The Clintonians were decidedly the stronger party 
in St. Lawrence county, in 1820 and 1821, but Mr. 
Wright made no secret of his political opinions and 
preferences. Irrespective of politics, the citizens of 
Canton- and of the county generally, were much at- 
tached to him, and when the Bucktails obtained the 
control of the appointing power, he was strongly 
recommended for the ofiice of Surrogate. His friend, 
Mr. Skinner, was the leading and most influential 
member of the council of appointment, and his success, 
therefore, was scarcely a matter of doubt.* He was 

* Jlr. Hammond is famous for discovering out-of-the-way causes for 
the most trifling events. He attributes Mr. Wright's appointment as 
Surrogate, to his great merit and " the general request of the commu- 
nity in -which he resided," assuming, meanwhile, that he was appointed 



736 SILAS WRIGHT. 

appointed to the office on the 24th of February, 1821, 
and shortly thereafter received the additional appoint- 
ments of justice of the peace and commissioner of 
deeds. 

la the spring of the same year, he was chosen town 
clerk and inspector of common schools, which offices 
he held for three years in succession. He was subse- 
quently appointed postmaster at Canton, and continued 
to hold the office till he resigned it, when he first went 
to Washington as a member of Congress, in the fall 
of 1827. 

It is true that it does not often fall to the lot of a 
single individual to be so highly honored in the distri- 
bution of official favors ; but it is also true, that Mr. 
Wright never held an office which his fellow-citizens, 
of all parties, were not glad to see conferred upon him. 
The duties of each and all of them were performed 
punctually and faithfully, with rare ability and im- 
partiality. As a justice of the peace he discouraged 
litigation ; his court was emphatically one of " concilia- 

by the Clintonian council in 1820. (Political History, vol. iiL p. 23.) 
Mr. Hammond's friend, Governor Clinton, was not so exceedingly short- 
eighted as to appoint the protege of Roger Skinner to the important 
office of Surrogate of St. Lawrence county. The explanation of the 
matter is very simple. At the extra session of the Legislature, in 
November, 1820, a new council of appointment was chosen, entirely 
composed of Bucktails, and opponents of Mr. Clinton. Of this council 
Mr. Skinner was a member ; hence it was called " Skinner's council.'' 
It was not called together till January, 1821, and in February follow- 
ing, Mr. Wright received the appointment mentioned in the text 



ELECTKU TO THE STATE SENATE. 737 

tion ;" and he spent more time in reconciling diiler- 
enccs and disagreements, than in performing liis official 
duties. 

Besides the civil office.s wliich he held, Mr. Wright 
filled several important positions in the militia. In 
1822, he raised and organized an independent rifle 
company, of which he became the captain. In 1825, 
a rifle regiment was organized, in which he received 
the commission of major. He subsequently rose to 
the command of the regiment, and in 1827 was promo- 
ted to the rank of brigadier-general. Yet very few be- 
yond the immediate circle of his acquaintances, ever 
knew that he had filled these oflices. His military 
titles were rarely applied to him : indeed, the only title 
w^hich seemed really suited to the Catonian simplicity 
and integrity of the man, was that of " Senator 
Wright." 

The opposition of the Clintonians to a convention 
to revise the constitution in 1821, effectually prostrated 
them for a time as a political party ; and after the 
general sweep made by the Bucktails of all the oflices, 
at the annual election in 1822, and under the admin- 
istration of Governor Yates, a disposition was mani- 
fested in some counties, on the part of the republican 
Clintonians and Bucktails, to come together again. 
This was the case in St. Lawrence county. At a 
meeeting of the Bucktail or republican members of 
the Legislature from the counties in the fourth Senate 
district, held in the spring of 1823, it was decided that 



47 



738 SILAS WEIGHT. 

the candidate for senator, to be supported by their 
party at the ftUl election, should be taken from St. 
Lawrence. In accordance with this decision, a repub- 
lican convention was held in that county to designate 
the candidate. The convention was attended by re- 
publican Clintonians and Bucktails, and they unani- 
mously made choice of Mr. Wright as the candidate 
for senator. This selection was made without any 
interference whatever on his part. He was well 
known to be decided in his political sentiments ; he 
had approved of the convention and of the new con- 
stitution ; yet he was not a partisan, and had not been 
very active in the party contests of the county. It 
was thought, therefore, that he would poll a larger 
vote than any of the older and more prominent poli- 
ticians. 

At the last contested election, in 1821, the Clin- 
tonian ticket had received a large majority in the 
fourth district, and the same party which were then 
successful had now put in nomination Allen R. Moore, 
of Washington county, as their candidate for senator, 
in the confident hope that they would be able to elect 
him. 

The chances in Mr. Wright's favor were originally 
but few, and his success was further placed in jeopardy 
on account of the agitation of the electoral question. In 
the summer of 1823 some of the opponents of Mr. Craw- 
ford, principally the friends of Mr. Adams, concocted 
a plan by which they hoped to defeat the election of 



ELECTORAL aUESTION. 739 

the former genlleman. There were several republican 
candidates, it will be borne in mind, but he was much 
stronger than cither of them separately. They com- 
bined their strength, therefore, against him, and refused 
to go into caucus. It was feared that the address and 
management of Mr. Van Buren and his other friends 
in New York would give him the whole electoral vote 
of that state, which would go far toward securing his 
election, or at least effectually prevent that of Mr. 
Adams; but in order to prevent this result, it was pro- 
posed to procure the passage of a law taking from the 
New York Legislature the power to choose presiden- 
tial electors, and giving it directly to the people. The 
Clintonians, indeed all the factions opposed to Mr. 
Crawford and Mr. Van Buren, fell in with this sug- 
gestion, 

ft was a mere trick, an electioneering device ; and 
was originated for the sole purpose of defeating Mr. 
Crawford, by forcing the election into the House of 
Representatives, and thus depriving the people, even 
more than before, of having any voice in the matter. 
The members of the House were already chosen : they 
had been polled ; and though Mr. Crawford was the 
preference of a plurality, the majority were determined 
that he should not be president. 

The people did not so understand this question. 
The project was popular, and the prevailing sentiment 
among the voters was decidedly in favor of the pro- 
posed change in the law. At the annual election in 



BII-AS WRIGHT. 



1823, a great number of the candidates for the Legisla- 
ture, on botii sides, were pledged to support a bill giv- 
ing to the people the right to choose the electors. 
From Mr, Wright no pledge was exacted, but he ex- 
pressed himself frankly and unreservedly, in the ab- 
stract, in favor of surrendering to the people the power 
of choosing the presidential electors. 

His extraordinary personal popularity saved him 
from defeat, and the anticipations of his friends were 
fully realized. Out of St. Lawrence, his opponent re- 
ceived a respectable majority, but in that county only 
twenty votes were given for him out of more than 
fourteen hundred. Mr. Wright received every vote in 
the town of Canton except his own, and his majority 
in the county was about fourteen hundred, which more 
than balanced the majority of Mr. Moore in the other 
counties in the district. 

Mr. Wright took his seat in the Senate at the com- 
mencement of the legislative session of 1824, being 
then in the twenty-ninth year of his age. The elec- 
toral question was now the great and absorbing topic. 
The bearings of the plot to defeat Mr. Crawford were 
fully revealed. During the previous summer the oppo- 
nents of Mr. Crawford had said that, if he was found 
to be the choice of a majority of the republicans, they 
would forego their opposition. But when the Legis- 
lature assembled, they proposed to pass a law author- 
izing the people to choose the electors by a plurality 
of votes. At the same lime, it appeared that the 



ELECTORAL aUESTION. 741 

friends of the candidates opposed to Mr. Crawford, 
who were so anxious to change the mode of choosing 
electors in New York, had made no attempt to do so 
in other states where they could control the entire 
vote. 

Many of the Crawford men, like Mr. Wright, were 
really and sincerely in favor of the change which had 
been suggested, as an abstract question ; but they 
thought it exceedingly unwise for New York to throw 
away her influence and strength in the decision of the 
presidential question, unless there was a general change 
made throughout the Union. 

A bill finally passed the New York Assemblj'', pro- 
viding for the choice of electors by the people, yet re- 
quiring a majority of votes. This bill was framed to 
meet the views of the Crawford men, but it was lost 
in the Senate. Mr. Wright was conspicuous in the 
discussions, and gained a high reputation for his skill 
and ability in debate. He was in favor of choosing 
the electors by general ticket and by a majority of 
votes, except that the state electors should be chosen 
by the Legislature, who should have the power, also, 
to fill all vacancies in the electoral college. His plan 
was presented to the Senate, but it received only three 
votes. Mr. Hammond terms it a "preposterous and 
ridiculous scheme," and charges Mr. Wright with 
" manoeuvring ;"* but it must be recollected that the 
Senate were discussing an innovation upon what had 
* Political History of New York, vol. ii. p. 153. 



SILAS WEIGHT. 



been tne established policy of the state for years, and 
there were a great number of plans and propositions 
presented. It was then all a new question ; though 
we can now, with the light of experience, discover the 
defects of Mr. Wright's scheme. But he did not often 
render himself ridiculous, and it would be difficult, even 
at the present day, to point out its preposterous fea- 
tures. 

Separate propositions — to choose the electors by 
congressional districts, and by a general ticket and a 
plurality of votes — were voted down in the Senate as 
decidedly as the plan of Mr. Wright to choose by gen- 
eral ticket and by a majority of votes. A majority of 
the Legislature were undoubtedly opposed to the pass- 
age of any law, unless it was such an one as would be 
likely to favor tlie success of their particular candidates 
for the presideucy. This was probably the feeling of 
Mr. Wright. He saw that the whole project was an 
electioneering scheme ; and with most of the other 
friends of Mr. Crawford, he would have voted for a 
law providing for the choice of electors by general 
ticket and by a majority of votes, but for no other. 

When it became evident that the Senate would not 
agree to pass the bill from the assembly, or any similar 
one, he voted for a motion made by Edward P. Liv- 
ingston to postpone the whole question beyond the 
time for choosing electors by the Legislature. This 
motion was carried by the votes of seventeen senators, 
who were afterward famous in the political history of 



\ 



REMOVAL OF DE WITT CLINTON. 743 

the state, as " the seventeen senators," and in the tra- 
ditions of the old Crawford republican party, as " the 
immortal seventeen!" 

As one of the seventeen senators, Mr. Wright re- 
ceived his full share of censure ; but he, and many of 
his associates in that vote, were subsequently, on re- 
peated occasions, candidates for the suffrages of the 
people, and were sustained and elected to the offices 
for which they were put in nomination, by the most 
flattering votes. Dispassionately considered, his and 
their course does not appear to be deserving of con- 
demnation ■, but if they were in error, it was only in 
taking the proposition to change the law, into consid- 
eration at all, except prospectively, and in anticipation 
of the election in 1828. Had this been done, the plot 
would have been defeated, and some fair and feasible 
plan might have been devised that would have re- 
ceived the sanction of all parties. 

Mr. Wright was a party to that political blunder, — 
the removal of De Wilt Clinton from the office of 
canal commissioner. It was an ill-considered move- 
ment, — though not particularly unjust as respected 
Mr. Clinton, — for it contributed to the defeat of the 
Bucktail party, and restored to him the aOections of 
tlie people which, he might otherwise never have re- 
gained. 

At the extra session called by Governor Yates, in 
September, 1824, Mr. Wright voted in favor of a res- 
olution declaring, in general terms, that the people 



744 SILAS WRIGHT. 

ought to liave the privilege of choosing the presiden- 
tial electors ; but he also opposed any action upon the 
subject at that tinne. At the extra session held for the 
purpose of choosing electors, in the month of Novem- 
ber following, he voted for the Crawford electors, and 
also for the law making provision for taking the sense 
of the people in regard to the mode in which they 
should thereafter be chosen. The people decided in 
favor of a choice by districts, and a law was passed in 
182G, in accordance with that decision. 

In the republican legislative caucus of 1824, held 
for the purpose of nominating candidates for governor 
and lieutenant-governor, Mr. Wright favored the re- 
nomination of Governor Yates ; yet he supported 
Colonel Young as the nominee of his party. It was 
then, and ever, one of the doctrines of his creed, at 
all times to sustain the regular nominations and 
measures of the political organization to which he be- 
longed, whenever, by so doing, he was not required to 
surrender any cherished principle. Though possess- 
ing the kindest and most generous sympathies, he was 
wrapped up in his party, and counted himself as 
nothing in comparison with its welfare and success. 
In this respect he resembled Mr. Van Buren, and very 
likely his political character may have derived, from 
the example of the latter, its tone and general features. 

They became intimately acquainted soon after Mr. 
Wright entered the New York senate, and friendship 



DEFEAT OF JUDGE SrENCER. 745 

sprung up between them, which soon ripened into a 
feeling akin to brotherly affection and love. 

That this devotion to his party, unselfish and disin- 
terested though it was, sometimes overruled the con- 
victions of Mr. Wright's better judgment, is doubtless 
true. We have an evidence of this in the proceed- 
ings of the Legislature in 1825. Ambrose Spencer 
was then the Clintonian candidate for United States 
senator in the place of Rufus King, and was duly 
nominated for the office in the Assembly. In the Sen- 
ate, the Bucktails, with the friends of James Tall- 
madge, the lieutenant-governor, were in a large major- 
ity, and by voting for a number of different candidates 
prevented any nomination being made in that body. 
If the Senate had nominated a Bucktail, as they could 
have done, and the two iiouses had met together in 
joint ballot, the Clintonian majority in the Assembly 
would have overbalanced that of the opposition in the 
Senate. The result was, therefore, that no election 
was made at this session, but the next winter a promi- 
nent Bucktail was chosen. 

Judge Spencer was, unquestionably, not the choice 
of any considerable portion of the people, but the 
quasi violation of the law could hardly be justified on 
that ground. This dangerous precedent, which Mr. 
Wright aided to establish, is said to have originated 
with Lieutenant-Governor Tallmadge ; and it after- 
ward returned to plague the inventor, by preventing 
the re-election of his relative, Nathaniel P. Tallmadge, 
32 



746 SILAS WRIGHT. 

on a similar occasion. It was a bad example, which 
has been too often imitated by both pohtical parties in 
this and other states. 

At the session of 1826, Mr. Wright voted for the 
resolution amending the constitution so as to extend 
the right of suffrage, but against tlie amendment giving 
to the people the power of electing justices of the 
peace. His vote upon the latter question was dictated 
by principle, and his individual opinions were probably 
always adverse to the choosing of judicial ofiicers by 
popular election. Had he lived to witness the opera- 
tion of the system established under the constitution 
of 1846, his views on this subject, perhaps, would 
have been changed. 

His character and standing in the Senate were high. 
He was an able and skilful debater; clear in his state- 
ments; happy in his illustrations; and strong and 
forcible in argument. He always prepared himself 
with great industry, and when he took up a question 
his examination was thorough. In the management 
of political questions he exhibited unusual tact, but 
much less in the management of men, though he was 
an accurate judge of human nature. He was punc- 
tual in his attendance and in the performance of every 
duty, and did his full share of the labor in the commit- 
tee room. This was also true of him, it may be added, 
whenever he was a member of a legislative body. 

So highly gratified were his political friends, with 
the ability he evinced in the Senate, that they now 



CHOSEN MEMBER OF CONGRESS. 747 

proposed to transfer him to a difierent sphere, afford- 
ing a wider and better field I'or the display of his 
talents. The first step, in politics as in war, is every- 
thing. This had been taken, in the case of Mr. 
Wright ; and opportunities for distinction multiplied 
upon him with a rapidity beyond his most sanguine 
e.xpectations. 

In the fall of 1826, he was nominated as one of the 
bucktail, or republican candidates, for representative 
in the 20th Congress, from the double district com- 
prising the counties of Jefferson, Lewis, Oswego, and 
St. Lawrence. The canvass was marked by a spirit 
and activity without precedent. It was the first occa- 
sion on which one of " the seventeen senators" had been 
presented as a candidate for an elective office, and there 
were many sti-ong prejudices to overcome. But his 
popularity and the general appreciation of his worth 
and integrity, were sufficient to counteract every 
effort made to defeat him. Both he and his associate 
on the republican ticket, Rudolph Bunner of Oswego 
county, were elected over the Clintonian candidates, 
by upward of five hundred majority. 

At this election, Mr. Wright supported Judge Ro- 
chester as the bucktail candidate for governor, though, 
with Mr. Van liuren, he did not ap[)rove of that gen- 
tleman's preferences for Mr. Adams and Mr. Clay, and 
had already determined to unite in the contemplated 
movement looking to the elevation of General Jackson 
to the presidency. 



SILAS WRIGHT. 



He took his seat once more in the state Senate, but 
resigned it shortly before the 4th day of March, 1827, 
when his term of office as a member of Congress com- 
menced. At this session, he made an able report as 
chairman of the committee on canals, on the subject 
of the canal and financial policy of the state. A petition 
had been presented, praying for the construction of a 
canal, from the Erie Canal, by way of Tonawanda 
creek, to the Alleghany river at Olean, subsequently 
known as the Genesee Valley Canal. Mr. Wright was 
at that time opposed to the construction of the lateral 
canals, and his report entered into an elaborate exam- 
ination of the question involved in the various propo- 
sitions then before the Legislature. 

Upon matters of finance he was always "at home." 
Though he had never resided in the atmosphere of 
commerce, and had no experience in mercantile or ex- 
tensive moneyed operations, his mind appeared to be 
naturally adapted for investigating, discussing, and de- 
ciding upon questions of that character. He took the 
ground in his report, that the state ought not to increase 
its debt, for purposes of internal improvement, until 
the money already borrowed had been paid ; and that 
no new work ought to be commenced unless it was 
quite certain that the net income arising from it would 
"reimburse the treasury for the expense of making it." 
This position was sustained and fortified by powerful 
arguments, and the democratic party have, in the main, 
ever since occupied it. Individual members of the 



OPPOSITION TO BANKS. 749 

party, residing on or near the lateral canals, and con- 
stituting in the aggregate a respectable minority, have 
opposed the doctrines of Mr. Wright's report, and he 
sometinnes felt the effects of that opposition when a 
candidate for office ; yet the great body of the demo- 
crats have generally agreed upon the leading financial 
principles which he advocated, even when they differed 
in regard to their application. No doubt he took 
rather a sombre view of the prospects of the state 
for the future, but he was thoroughly in earnest ; nor 
did he — and who did ? — anticipate the splendid results 
of our canal policy, and the almost incredible growth 
of the great West, which has been the main element in 
increasing the revenues of the state so far above the 
calculations of former years. 

While in the Senate, Mr. Wright was conspicuous 
in his opposition to the incorporation of banks, and the 
combinations formed to procure charters. Those then 
in existence were, in many cases, institutions of the 
most irresponsible character, and he had no desire to 
add to their number. He was never favorably dis- 
posed tov/ards monopolies or special legislation of any 
kind, though friendly to a sound and judicious system 
of banking. He approved of the safety -fund plan ; 
but when time disclosed its defects, he was glad to see 
banking, like all other kinds of business, made i'rce, 
under the general law of the state. He was some- 
times represented as being totally opposed to paper 
monev, but this was not so. He was not in favor of a 



SILAS WRIGHT. 



national bank, and he thought hard money was the 
only constitutional currency ; yet he was also of the 
opinion, tliat a currency of paper, reposing upon an 
actual specie basis, and at all times redeemable in gold 
and silver, was both convenient and necessary in the 
transaction of business. 

In December, 1827, Mr. Wright took his place in 
the House of Representatives. At the opening of this 
session, the " allied powers'* of the republican party, 
consisting of the friends of Jackson, Crawford, and 
Calhoun, united in the choice of a speaker, and con- 
tinued to act together in the effort to overthrow the 
administration of Mr. Adams. Preceded by a high 
reputation, Mr. Wright was warmly welcomed at the 
capital of the nation, and was regarded as an impor- 
tant accession to the intellectual strength and charac- 
ter of the opposition. He was honored with the 
second place in the Committee on Manufactures, 
which proved to be in reality the first, because a ma- 
jority of the members were republicans, and the chair- 
man, Mr. Mallary of Vermont, who had been reap- 
pointed out of courtesy, was an administration man. 

The great question to be considered at this session, 
was the tariff. At the north, a strong feeling existed 
in favor of high protective duties, and both parties 
were anxious to take advantage of that feeling to pro- 
mote the success of their candidates at the approaching 
presidential election. There were various interests 
seeking and demanding a revision of the tariff. Prom- 



THE TARIFF OF 1828. 751 

inent among them were the iron- workers of Pennsyl- 
vania, the manufacturers of the East, and the wool and 
hemp growers of the northern, middle, and western 
slates. Each was jealous of the other, and to satisfy 
all, seemed a hopeless task. The manufacturers and 
agriculturists complained, that the tariff of 1824 was 
partial to the iron interest ; and the producers of wool 
and hemp insisted, that that act, and the " woollens' 
bill" of 1826-7, favored the manufacturers at their ex- 
pense. 

A convention of the friends of a protective tariff had 
been held at Harrisburg, in July, 1827, at which a tariff 
of duties had been agreed upon that was satisfactory to 
the manufacturers, but not at all acceptable to the ag- 
ricultural friends of protection. This was, in effect, 
the administration plan, and it was laid before the 
committee on manufactures. To secure the ao-ricul- 

O 

tural interest, and at the same time retain the good 
wishes of the iron-workers in Pennsylvania, was now 
the great aim of the republicans in Congress, and it 
was easily accomplished. Mr. Wright was a warm 
friend to the a2;ricultural interest, both from education 
and association ; and through his instrumentality, and 
upon his motion, the committee were authorized to ex- 
amine persons under oath in regard to the profits of 
the manufacturers. The examination was had ; and 
upon the facts thus elicited, he drew up what is known, 
though somewhat modified before its passage, as the 
tarifflawof 1828. 



752 SILAS WRIGHT. 

Mr. Wright's bill differed widely from the Harris- 
bui'g project, and was strenuously opposed by the 
manufacturing interest, who declared that it was de- 
signed for the benefit of the wool and hemp growers, 
but would operate to their injury. The bill was finally 
amended so as to render it more agreeable to the 
manufacturers, and it then became a law ; Mr. Wright 
voting for, and supporting it in several able speeches. 
His ablest effort was made on the 6th and 10th" of 
March, and commanded great attention. It at once 
placed him in a favorable position, and a leading paper 
at Washington remarked of him, that if he remained in 
Congress, he was destined " to become the pride of 
New York herself" 

For his advocacy of this measure, he was compli- 
monted by the citizens of Middlebury, Vermont, with 
a public dinner, in the fall of 1828; but when expe- 
rience had demonstrated the numerous improper fea- 
tures of the law, he was prompt to concede that he had 
been in the wronir. As he afterward admitted, the du- 
ties imposed by the act of 1828 were exorbitant. It 
was a law that ought never to have been passed. He 
always regretted his vote in its favor, and pronounced 
it "a great error."* 

At this session, also, Mr. Wright supported the bill 
for the relief of the revolutionary officers and soldiers, 
which became a law on the 10th of May, and the in- 
ternal improvement bill. 

* llemaiks iu the U. S. Senate, August 27, 1842. 



RE-ELECTED MEMBER OF CONGRESS. 753 

The year 1828 was made memorable by the election 
of Andrew Jackson to tlie office of president, and of 
Martin Van Burcn to that of governor of New York. 
Both received the cordial, hearty, and influential sup- 
port of Mr. Wright. He was himself a candidate for 
reelection, and was once more chosen to the station he 
had so creditably filled. His majority was very small ; 
and one of the Adams' candidates in his district was 
elected. In consequence of a technical error in the 
returns, and because the word "junior" was omitted on 
some of the tickets intended for him, the certificate 
was given to his opponent. But he presented his pe- 
tition claiming the seat, at the first session of the 21st 
Congress, though then occupying the position of comp- 
troller of the state, and it was unanimously awarded to 
him, whereupon he immediately resigned it. 

At the second session of the 20th Congress, he voted 
against a resolution instructing the committee of ways 
and means to bring in a bill repealing the tariff act of 
1828, and in favor of resolutions directing an inquiry 
into the condition of the slave trade in the District of 
Columbia, and the expediency and propriety of abol- 
ishing slavery in the district. These last resolutions 
were merely of inquiry, and by voting for them, he did 
not commit himself upon the main questions involved. 
He was undoubtedly in favor of abolishing the slave 
trade in the district; but in regard to slavery itself, 
though with Mr. Van Buren always maintaining the 
power of Congress to abolish it, he was of the opinion 



43 



SILAS WRIGHT. 



that it would be both unwise and inexpedient to exercise 
that power against the wishes of the slaveholding states. 

While engaged in the faithful performance of his 
duties on the floor of Congress, he was chosen by the 
republicans of the New York Legislature, on the 27th 
of January, 1829, to fill the office of comptroller, made 
vacant by the elevation of Mr. Marcy to the bench of 
the Supreme Court. He was nominated in the legis- 
lative caucus on the first ballot, by a respectable ma- 
jority over several competitors. The office was one 
which he had not solicited, but was a deserved compli- 
ment to the distinguished ability with which he had 
discussed questions of finance in the state Senate, and 
in the House of Representatives. 

Immediately after receiving notice of this appoint- 
ment, he obtained leave of absence for the remainder 
of the session, and repaired to his new post at Albany. 
How well, how faithfully, and with what patience, in- 
dustry, and promptitude, he discharged the important 
duties of the comptrollership, — with what skill and 
fidelity he managed the financial affairs of this great 
state, during the period he remained in office, her 
records will abundantly testify. He was courteous 
and obliging to all who had intercourse with him, in 
his capacity as the head of the department intrusted 
to his charge ; yet punctual, exact, and methodical, in 
the transaction of business ; and exercising a jealous, 
but faithful and impartial scrutiny, in watching over 
and protecting the interests of the state. 



CHARACTER AS A FINANCIAL OFFICER. 755 

As a member of the canal board, he adhered with 
fideHty, but in no spirit of self-opinionism — for it was 
w'ith him a question of principle — to the views he had 
before advanced in the Senate, in favor of the prompt 
extinguishment of the public debt, and in opposi- 
tion to the construction of lateral canals and other 
new works of internal improvement, unless they were 
certain to yield sufficient revenue to pay the cost of 
construction, or, at least, until the surplus revenues 
arising from the works already in operation should be 
available for those objects. 

In 183x5, he directed the attention of the Legislature 
to the large deficiency in the general fund, and advised 
that it should be replenished by the imposition of a 
direct tax. The same ideas and opinions that he ad- 
vanced on this occasion afterward dictated the passage 
of the act of 1842, which he highly approved. The 
Legislature of 1832, however, did not concur with 
him in sentiment, but the general fund was relieved 
by means of temporary loans. The evil day w^as post- 
poned, instead of providing a remedy. 

So high was the public confidence in his capacity 
and integrity, that he Vv^as reelected comptroller, in 
February, 1832. Some opposition was manifested to 
his nomination in the legislative caucus by the friends 
of the lateral canals, but it did not avail anything, ex- 
cept to keep up a division in the party which ulti- 
mately widened into an actual breach. But he held 
the office only for a year, under this second election, 



756 BILAS WEIGHT, 

in consequence of his being transferred to the Senate 
of the United States, which was at once the object of 
his ambition, and the great field of his fame. 

While fining the office of comptroller, he was by no 
means inactive as a politician. Decided in his senti- 
ments, sincerely attached to the doctrines of the re- 
publican party, and thoroughly devoted to its interests, 
he did not hesitate to give utterance to his views when 
called upon to express them. He was a member of 
the democratic state conventions, in 1830 and 1832, 
at which Mr. Throop and Mr. Marcy were, respect- 
ively, nominated for the office of governor ; and also 
of the national convention in the latter year, at which 
General Jackson and Mr. Van Buren were nominated 
for president and vice-president. But, though a con- 
spicuous actor in all the great movements of his party, 
he busied himself not at all with the petty differences 
and divisions growing out of the contests for minor 
offices. For this reason, and because his ability and 
fitness for the office were quite generally conceded, 
his nomination for senator in the party caucus was 
made on the first ballot, and by a unanimous vote. 

To say that he did not desire the senatorial office 
would be untrue. It was a position which any man 
might be ambitious to secure. But he used no undue 
means to reach it, no persuasions or solicitations. He 
may not have concealed his wishes, but his friends, not 
himself, were the active instruments in procuring their 
gratification. 



ELECTED UNITED STATES SENATOR. 757 

He was chosen by the Legislature, to fill the unex- 
pired term of Governor Marcy, on the 4th day of 
January, 1833, and took his seat in the Senate on the 
14th instant. In respect to talent he had stood so 
high, that there were those who distrusted his abilities, 
— who feared that he would be unable to maintain his 
former reputation in that noble assembly to which he 
was about to be admitted. " They did not stop to 
consider how often it is, that ' honor pauseth in the 
meanest habit ;' they did not appreciate, at its proper 
value, the strong and powerful genius concealed be- 
neath his plain and unassuming manner ; and they 
trembled for the senator, still young in years, as he 
crossed the threshold of the chamber where the sages 
and statesmen of the past had so often assembled in 
council, and enrolled his name as a member of the 
ablest body in the nation — perhaps in the world. But 
those who knew him intimately and well, had no fears 
or apprehensions. They had caught some glimpses 
of the sterling metal in his composition, and they were 
willing that it should be submitted to the ordeal, satis- 
fied in their own minds that, like the gold of the re- 
finer, it could but come the purer from the trial. They 
were anxious, very anxious ; but they doubted not. 
Remembering that 

" Peace hath her victories, 
No less renowned than war," 

ihey were content to see him enter the arena, in the 



758 ' SILAS WEIGHT. 

full confidence that he would gather new laurels to 
adorn his brows, and confer new honor upon those who 
had promised so much in his behalf. 

" It was, indeed, a critical time in his history. There 
were hosts of friends to cheer and encourage him ; he 
was the representative of one of the laigest and most 
important members of the confederacy ; it was con- 
ceded that he possessed talents of a high order ; but 
his character as a statesman was yet to be formed. 
Everything was expected from him, and those expec- 
tations must not be disappointed. There was a great 
deal in the past to incite him to renevred exertion, and, 
like Alexander on the shores of the Hellespont, before 
him lay " Hope, and the world 1" Had he faltered then 
— had he hesitated but for one moment — who can say 
what his destiny might have been ? The country was 
agitated from one extremity to the other. The best 
talent in the land was collected in the Senate. 

"Opposed to the administration he would be called 
upon to sustain at the head of his compeers, stood the 
gallant and chivalrous Clay— captivating the heart, 
and enchaining the imagination, by the magic bursts 
of his thrilling eloquence ; Calhoun, the fearless cham- 
pion of the sovereignty of the states, with his chaste 
diction, and analytical mind — every sentence that he 
uttered a whole chapter of argument, and every word 
a political text ; Webster, calm, profound, and argu- 
mentative — powerful in stature, and gigantic in mind ; 
the smooth and plausible Clayton; and Preston, fervid 



HIS COURSE AND CHARACTER. 759 

and impassioned as the rays of the southern sun which 
had warmed his genius into hfe. On the opposite side, 
there was Benton, industrious, determined, and un- 
yielding — with his pockets overflowing with statistics, 
and his head full of historical lore ; Forsyth, easy and 
graceful in his address, but an able and experienced 
debater; Rives, the eloquent and talented senator 
from the Old Dominion, seeking to give vent to the 
inspiration he had caught in the groves of Monticello j 
White, with his metaphysical and sententious apo- 
thegms ; and the shrewd and cautious Grundy, familiar 
with parliamentary tactics, watching for the weak 
points in his adversary's argument, and never caring to 
conceal his gratification when he saw the fabric 
reared with so much labor, toppling down in tlie dust. 
"Such were the statesmen among whom Mr. 
Wright had taken a place, and against and with whom 
he was obliged to compete for the brilliant honors he 
acquired in his senatorial career. At the outset, the 
course was marked out which he subsequently pur- 
sued. Courteous and affable — dignified and respectful 
— he never suffered himself in the midst of the 
stormiest debate, to forget the character he had 
assumed. Cool, thoughtful, and deliberative, every 
word was weighed before he gave it utterance, and 
not one of his opponents ever obtained an advantage 
that he voluntarily surrendered. There were none of 
those impulsive features in his character, which would 
have induced him to dash heedlessly forward, in the 



ffiO SILAS WRIGHT. 

hope of outstripping every competitor at the start ; 
and, if he failed, to console himself with the reflection 
that he had dared something beyond the power of hu- 
man skill to accomplish.* His advances were slow 
and steady, but sure. He did not thrust himself for- 
ward. He did not assume too much. Not even 
when the bold and independent Jackson was willing 
to lean upon him for support, and he became known 
as the confidential friend of Mr. Van Buren, was there 
anything like assumption, or dictatorial harshness, in 
his tone or manner. The efforts of his discriminating 
and logical mind were directed to the enforcement of 
the positions he laid down, and the principles he advo- 
cated, for the sake of the argument ; for the sake of 
what he believed to be just and right ; and not to 
compel those who listened, to adopt the conclusions at 
which he had arrived. If successful, he never ad- 
vanced too hastily, but was content to wait until he 
had secured what was gained. He djd not peril ev- 
erything by attempting to grasp more than could be 
reached. And wlien he was defeated, when dark and 
portentous clouds hung around the political horizon, 
and the omens for the future were fearful and threat- 
ening, he did not lose his confidence in the ultimate 
triumph of the truths he labored to establish ; but he 
calmly seated himself down, prepared patiently to bide 
his time, ' with his feet to the foe,' and his breast bared 

* " Magnis taraen excidst ausis," -was the consDlation of the unfor- 
tunate Phaeton. 



HIS MARRIAGE. 761 

for the sliock, ready alike to resist an attack, or to ad- 
vance and secure the victory."* 

The second session of the 22d Congress was an im- 
portant one. Nullification threatened to overthrow 
the fair fabric of American freedom, and the friends 
of the constitution were rallying to its defence and 
protection. Mr. Wright heartily approved the doc- 
trines of the Proclamation, and voted for the Force 
Bill. But while he sustained the administration in the 
measures it was thought proper to adopt in order to 
secure the due observance of the law, he believed that 
there was just cause for the complaints, on the part of 
the planting states, of the partial and unequal opera- 
tion of the tariff laws. He gave his vote, therefore, 
for the compromise act, though there were several 
features in it which he did not approve. He was op- 
posed to the principle of home valuation, to the reduc- 
tion of the duty on coarse wool when the article 
manufactured from it was so highly protected, to the 
abolition of all specific and discriminating duties and 
the substitution of the ad valorem principle, and to the 
restraint imposed upon the action of future Con- 
gresses. But he was convinced that something must 
be done, or the Union would not exist till another ses- 
sion, and he accordingly voted for the law notwith- 
standing these objections. 

In September, 1833, he was married to Clarissa 
Moody, the daughter of his old friend, Mr. Moody, 

* Life of Silas Wright, p. 81, ct seq. 



762 SILAS WRIGHT. 

•who first welcomed him to Canton, and in whose 
house and family he had lived during the whole period 
of his residence there. Mutual affection, unity of 
sentiment, and harmony of views and interests, con- 
spired to render this union a fortunate one. Though 
not blessed with children, it was fruitful in happiness 
and love. 

At the ensuing session of Congress, Mr. Wright 
was appointed a member of the committees on Agri- 
culture and on Commerce. The great topic of dis- 
cussion was the removal of the deposits from the bank 
of the United States, and he highly distinguished him- 
self in the defence of that measure, and in his oppo- 
sition to Mr. Clay's resolutions censuring President 
Jackson for making the removal. On the 30th of 
January, 1834, he presented the resolutions of the 
New York legislature approving of the course of the 
president, and availed himself of the occasion to ex- 
press his views at considerable length, and with great 
ability. He disclaimed to be the organ of the admin- 
istration, but he was known to possess the entire con- 
fidence of both the president and vice-president, and 
to be the friend and adviser of each, and every one 
felt that he uttered their sentiments. He justified the 
removal of the deposits, to the fullest extent, and in 
reply to an inquiry of Mr. Webster, as to what the 
administration proposed to do, in order to remedy the 
embarrassment in the money market, he expressed 
himself decidedly opposed to a national bank. This 



SPEECH ON THE NEW YORK RESOLUTIONS. 7G3 

speech is a favorable specimen of his senatorial elo- 
quence, as the following extracts will show : 

" But, Mr. President, while I highly approve of the open and manly 
ground taken by the senator from Massachusetts, I differ with him toio 
ccelo as to the remedy he proposes. There is no inducement which can 
prevail on me to vote for the recharter of the Bank of the United 
States. I would oppose this bank upon the ground of it? flagrant vio- 
lations of the high trusts confided to it ; but my objections are of a 
deeper and graver character. I go against this bank, and against any 
and every bank to be incorporated by Congress, whether to be located 
at Philadeljihia, or New York, or anywhere else within the twenty-four 
independent states which compose this confederacy, upon the broad 
ground which admits not of compromise, that Congress has not the 
power, by the constitution, to incorporate such a bank. 

" I may be over-sanguine, Mr. President, but I do most firmly believe 
that, in addition to the invaluable services already rendered to hia 
country by the President of the United States, he is, under Providence, 
destined still to render her a greater than all, by being mainly instru- 
mental in restoring the constitution of the country to what it was 
intended to bo by those who formed it, and to what it was understood 
to be by the people who adopted it ; in relieving that sacred instrument 
from those constructive and implied additions, under which Congress 
have claimed the right to place beyond the reach of the people, and 
without responsibility, a moneyed power, not merely dangerous to pub- 
lic liberty, but of a character so formidable as to set itself in open 
array against, and to attempt to overrule the Government of the 
country. I believe the high destiny is yet in store for that venerable 
man, of disproving the exalted compliment long since paid him by the 
great apostle of republicanism, ' that he had already filled the measure 
of his country's glory,' and that he is yet to accomplish, what neither 
Thomas .JefFc-rson nor his illustrious successors could accomplish, by add- 
ing to the proof which he has so largely contributed to afford, that hia 
country is invincible by arms, the consolatory fact that there is, at least, 
one spot upon earth where written constitutions are rigidly regarded. 



764 SILAS WRIGHT. 

I know, sir, that this work, which the President has undertaken, and 
upon the success of which he has, with his usual moral courage, staked 
the hard-earned fruits of a glorious life, is full of diflSculty. I know 
well that it will put the fortitude and patriotism of his countrymen to 
the severest test ; but I am happy also to know that he has, in this in- 
stance, as heretofore, put himself upon the fortitude and patriotism of 
a people who have never yet failed him, or any man who was himself 
faithful to his country in the hour of peril." * * » 

" I have thus responded, and I hope the senator from Massachusetts 
will allow, fully, to so much of his appeal. I will go on, sir, and cover 
the whole ground. He has asked, if you will neither recharter the 
present bank nor establish a new one, what will you do ? As an indi- 
vidual, sir, and speaking for myself only, I say I will sustain the 
executive branch of the Government, by all the legal means in my 
power, in the eflbrt now making to substitute the state banks instead 
of the Bank of the United States, as the fiscal agent of the Government. 
I believe they are fully competent to the object. I am wholly unmoved 
by the alarms which have been sounded, either as to their insecurity, 
or influence, or any other danger to be apprehended fuom their em- 
ployment. I hold the steps so far taken in furtherance of this object, 
well warranted by the constitution and laws of the land, and I believe 
that the honor and best interests of the country, imperiously require 
that they should be fully sustained by the people, and by their repre- 
sentatives here." 

The opinions of Mr. Wright upon the subject of the 
employment of the state banks as depositories of the 
pubhc money were not, however, so firmly fixed that 
they could not be changed ; and subsequently, in the 
same speech, he more than intimated a desire to get 
rid of the banks altogether, as agents of the govern- 
ment. 

" But, Mr. President," he said, " while I am prepared to give to this 
effort of the Government, to make the state banks our fiscal agent for 



DEFENCE OF GENERAL JACKSON. 765 

the 8afe keeping and convenient disbursement of the pnl)lic moneys, a 
full support and a fair experiment, any effort, come from what quarter 
it may, to return to a hard-money currency, so far as that can be done 
by the operations of the federal government, and consistently with tha 
substantial interests of the country, shall receive from me a cordial and 
sincere support; and no one -would more heartily rejoice than myself, 
to meet with propositions which would render such an effort in any 
degree practicable." 

On the 20th of March, he made another speech, 
upon the motion of Mr. Webster for leave to introduce 
a bill rechartering the United States Bank for a limited 
period, in which he again avowed his opposition to 
such an institution, upon constitutional as well as other 
grounds. He was highly complimented by Mr. Web- 
ster for the ability he displayed on this occasion ; and 
thereafter, the task of answering his arguments on any 
question, devolved upon the Clays and Websters, the 
master minds of the opposition in the Senate. 

He also took part in the debate on Mr. Clay's 
resolutions of censure, and delivered an able speech 
on the 26th of March, in which he denied the power 
of the Senate to condemn the president unheard, and 
in the manner proposed by the resolutions. The speech 
was mainly occupied with an elaborate argument on 
this point ; but the peroration contained a spirited de- 
fence of General Jackson, and was as eloquent and 
impressive, as the preceding portion of the speech had 
been argumentative. It was as follows : 

" But we are still called upon to vote for this resolution ; and who, 
Mr. President, is it upon Avhom the sentence of the Senate itt thus to be 



766 



SILAS WRtGUT. 



passed without a trial ? Tlie officer, sir, is none other than the chief 
executive officer of tho Government — the President of the United 
Stati's; he whom the people elected to that high station, by their free 
suffrages, against the popularity and power of a competitor holding the 
office, and wielding its patronage — a patronage now represented to be 
so immense and irresistible and dangerous ; — and wielding it too with 
the aid of skilful and experienced advisers. It is no other than that 
President, who after four years of official trial before the people, was 
re-elected against another competitor, selected from among the dis- 
tinguished of his countrymen, for his superior hold upon the popular 
feeling of the country, and re-elected, too, by a vote more decisive than 
any which had ever before marked the result of a long and severe 
political contest. Such, Mr. President, is the officer — I had like to have 
said, — upon his trial. No, sir, it is not so — who is not to be allowed a 
trial ; but who is about to receive the condemnatory sentence of the 
Senate unheard. 

" Who, sir, is the man, the citizen of our republic, upon whom we 
are about to pronounce our high censures ? Is it Andrew Jackson ? 
Is it that Andrew Jackson, who, in his boyhood, was found in the 
blood-stained fields of the Revolution ? Who came out from that 
struggle the last living member of his family ? Who, when the sound 
to arms again called our citizens around the flag of our country, posted 
himself upon the defenceless frontiers of the South and West, and 
bared his own bosom to the tomahawks and scalping-knives, sharpened 
for the blood of unprotected women and childi-en ? Who turned back 
from the city of the West, the confident advance of a ruthless, and until 
then, unsubdued enemy, and closed the second war against American 
liberty in a blaze of glory, which time will not extinguish ? Who, 
when peace was restored to his beloved country, turned his spear into a 
pruning hook, and retired to his Hermitage, until the spontaneous voice 
of his fellow-citizens called him forth to receive their highest honors, 
and to become the guardian of their most sacred trust ? Is this the 
man who is to be condemned without a trial ? Who is not entitled to 
the privilege allowed him by the constitution of his country ? Sir, this 
surely should not be so. For the very act which saved a city from 



SPEECH ON clay's kesolutions. 707 

pillage and destruction, and the soil of lii,-* country from the tread of 
an invading enemy, this individual was accused of a violation of the 
constitution and laws of his country. For the very act wliich entitled 
him to the proud appellation of " the greatest captain of the age," he 
was convicted and condemned an a criminal. But, Mr. President, he 
was not then denied a trial. Then he was permitted to face his ac- 
cusers, to hear the charges preferred against him, to offer his defence, 
and to be present at his sentence. In gratitude for these privileges of 
a freeman, he stayed back with his own arm the advancing wave of 
popular indignation, while he bowed his whitened locks to the sen- 
tence of the law, and paid the penalty imposed upon him for having 
saved and honored his country. 

" Grant to him, I beseech you, Mr. President ; I beseech the Senate, 
grant to that old man the privilege of a trial now. Condemn him not 
unheard, and without the pretence of a constitutional accusation. His 
rivalships are ended. He asks no more of worldly honors. ' He has 
done the state some service.' Age has crept upon him now, and he 
approaches the grave. Let him enjoy, during the short remainder of 
his stay upon earth, the right secured to him by the constitution he has 
60 often and so gallantly defended, and, if indeed, he be criminal, let 
his conviction precede his sentence." 

Mr. Wright made another speech on the 31st of 
March, upon the presentation of memorials from the 
city of Albany praying for the recharter of the bank, 
showing that that was not the prevailing sentiment 
among the people of his state ; and on the 6th of May, 
he made one of his happiest efforts in defence of the 
Protest. 

But it would swell this work far beyond its original 
design, to present a detailed account of Mr. Wright's 
services in the Senate. He invariably spoke on all 
questions of great importance, always with ability, and 



7G8 BILAS WRIGHT. 

was never listened to otherwise than with pleasure. 
His high talents, his manly candor, his unfailing court- 
esy, his fearless intrepidity, and his unbending integ- 
rity, gained him high commendation, and when his 
friend. Senator Benton, called him " the Cato of the 
Senate," no one denied that the honor was worthily 
bestowed. 

He supported all the great measures of General 
Jackson's administration ; and defended his course 
during the difficulty with France, and the financial 
policy, in pursuance of which the specie circular was 
issued. He opposed the distribution of the proceeds 
of the public lands, and the act dividing the surplus 
revenue among the states. 

At the session of 1834-5, he was the administration 
candidate for chairman of the committee on finance, 
in opposition to Mr. Webster, and was appointed to 
the second place on the committee. He was also a 
member of the committee on commerce. When the 
democrats obtained the ascendency in the Senate, he 
was placed at the head of the finance committee, 
where he remained so long as his political friends had 
the control of that body. He was, also, during several 
sessions, a member of the committee on claims, the 
duties of which Vv'ere exceedingly arduous, but he 
never shrunk from the burden imposed upon him. 

In May, 1835, he attended the democratic national 
convention, at which Mr. Van Buren was nominated 
for the presidency, as one of the delegates from the 




THE INDEPENDENT TREASURY. 769 

state of New York ; and when that gentleman suc- 
ceeded the venerable Jackson in the presidential chair 
— a circumstance that afforded him unalloyed gratifi- 
cation — he gave to his administration, not merely a 
cordial, but a most effective support. Mr. Van Buren 
reposed the fullest confidence in his ability and saga- 
city, in the disinterestedness of his advice, and in the 
sincerity of his attachment ; and he never suggested 
an important measure, or took an important step, with- 
out consulting with him. 

When the banks had suspended specie payments, in 
the spring of 1837, and thus dissolved their connection 
with the government, Mr. Wright advised Mr. Van 
Buren to recommend the Independent Treasury plan. 
The time had now arrived, as he thought, which he 
had anticipated in his speech on the New York Reso- 
lutions, in 1834, and a favorable opportunity was pre- 
sented for the government to return to a hard-money 
currency, by simply ceasing to employ the banks as its 
fiscal agents, or rather continuing the separation then 
existing, and refusing to receive anything except what 
the constitution recognised as money, in payment of 
the public dues. 

During the summer previous to the extra session of 
1837, he prepared two articles, under the title of " The 
Times," which were published in the St. Lawrence 
Republican, the democratic paper in his county. The 



first article treated of the " probable continuance of the 
suspension of specie payments by the banks ;" and the 

33 



49 



770 SILAS WRIGHT. 

second, of " the duties and responsibilities imposed upon 
the national government by the suspension of specie 
payments by the state banks." These articles were 
published anonymously, but the terse and masculine 
style of Silas Wright was generally recognized ; and 
they attracted much attention all over the Union, not 
only on account of the ability with which they were 
written, but because they foreshadowed the separation 
of bank and state afterward recommended by Mr. Van 
Buren. 

At the regular annual session of the New York 
legislature, in the winter of 1837, Mr. Wright was 
reelected senator for the full term of six years. Mr. 
Hammond states that this election was made by " the 
general consent of his political friends."* This is a 
mistake. An effort, which would have been success- 
ful in the case of one less popular with the people, was 
made in the democratic legislative caucus, by the late- 
ral canal and state bank interests, to defeat his renomi- 
nation. They presented Samuel Beardsley, of Oneida 
county, as the opposing candidate, and gave him a 
considerable vote. Mr. Wright did not regard this 
opposition of much importance at the time, but it was 
never forgotten or forgiven by his immediate friends, 
and it served to increase the difficulties of his position 
when he became governor of the state. 

As the chairman of the committee on finance, Mr. 
Wright reported the independent treasury bill, at the 
* Political History, vol. ii. p. 465. 



RE-ELECTION. 77.1 

extra session of Congress called by Mr. Van Buren, in 
September, 1837. As originally reported, it did not 
embrace the specie clause, although he was always in 
favor of the principle. His bill did not contain it, be- 
cause some of the democrats in Congress were under- 
stood to be opposed to taking that extreme ground. 
It was amended in the Senate, however, with his vote, 
so as to require the collection of government dues in 
the constitutional currency. 

This bill failed in the House of Representatives at 
the extra session ; and at the following regular session 
he reported another bill, more complete in its details, 
containing the specie clause. " The one previously 
introduced had constituted each officer a receiver ; but 
this proposed the appointment of persons to be charged 
with the special duty of keeping and paying out the 
public funds. This provision was intended to obviate 
the objection which had been raised, that the adminis- 
tration was desirous of establishing an army of office- 
holders, who would have the means of the government 
at their disposal. Severe penalties were also pre- 
scribed, for any neglect of duty, or breach of trust ; 
and every precaution taken to provide against losses. 
The opponents of the measure were free to admit that, 
waiving the principle upon which the bill was founded, 
nothing could be better calculated to carry into effect 
the object had in view. Mr. Wright made several able 
speeches while this question was agitated in Congress; 
but that delivered on the 31st of January, 1838, prob- 



772 SILAS WRIGHT. 

ably exceeded them all. In his speech on that occa- 
sion, he reviewed the whole subject of the collection, 
keeping, and disbursement of the public revenue. He 
avowed it as his firm and settled conviction, that the 
state banks could not be relied upon as the fiscal agents 
of the government; for the reason that, as state insti- 
tutions, Congress would be unable to exercise that con- 
trol over them which was absolutely requisite. He 
also declared that there could be no middle ground — 
that a system based on the principles of the bill before 
the Senate must be established, or they would be com- 
pelled to resort to a national bank. The bill reported 
by Mr. Wright was discussed for a long time in the 
Senate, and on the 24th of March the specie clause 
was stricken out — yeas thirty-one, nays fourteen. Sev- 
eral of the democratic senators voted for the motion, 
in obedience to the instructions of their state Legisla- 
tures. Mr. Wright, with Mr. Benton and Mr. Calhoun, 
resisted it to the end. On the 26th the bill passed the 
Senate by a vote of twenty-seven to twenty-five. 
Like its predecessor, this bill was laid upon the table 
in the House — yeas one hundred and six, nays ninety- 
eight — the whigs and conservatives voting for the 
motion. At the next session, in 1838-39, Mr. Wright 
again brought forward the independent treasury pro- 
ject, without the specie clause, in the hope of securing 
a favorable vote, as some law on the subject was 
deemed necessary ; but it was a third time defeated. 
The elections for members of the twenty-sixth Con- 



COURSE IN REGARD TO ABOLITION. 773 

gress, hovv^ever, terminated in the choice of a reliable 
majority for the administration, in the House of Repre- 
sentatives ; and soon after the commencement of its 
first session, Mr. Wright brought forward a bill estab- 
lishing the system which he had so earnestly advocated 
since the extra session in 1837. The specie clause 
was added, with his vote, and in that shape it passed 
the Senate. On the 1st of July, 1840, a final vote was 
taken on the bill in the House, which resulted in its 
passage — yeas one hundred and twenty-four, nays one 
hundred and seven. The law thus enacted was known, 
by its title, as ' An act to provide for the collection, 
safe-keeping, transfer and disbursement, of the public 
revenue.' "* 

In common with all the leading statesmen of the 
democratic party in the northern states, Mr. Wright 
was much opposed to the movements and proceedings 
of the abolitionists. While a member of the Senate, 
he uniformly voted, either to lay on the table, or to re- 
fuse to receive, petitions for the abolition of slavery in 
the District of Columbia. He supported the bill, which 
passed the Senate in 1830, designed to prevent the 
transmission of abolition tracts and pamphlets through 
the mails in the southern states. His opinions on the 
subject of slavery were more clearly indicated, per- 
haps, by his course at the session of 1837-8. He voted 
at this session, with Mr. Clay and other prominent 

* Life of Silas Wright, p. 122. 



774 SILAS WRIGHT. 

senators of both parties,* in favor of a resolution de- 
claring that any interference, on the part of the citi- 
zens of other sections of the Union, with slavery in th« 
District of Columbia, endangered the risjhts of the citi- 
zens of the district, violated the implied faith in which 
the cession was made by Maryland and Virginia, and 
would disturb and endanger the Union. He also sup- 
ported a resolution offered by Mr. Clay, affirming that 
it would be injudicious to interfere with slavery in the 
territories — that such interference would be a violation 
of faith toward those who had been permitted to settle 
and hold slaves there — and that the inhabitants would 
be exclusively entitled to decide the question, when 
admitted into the Union. 

It will thus be seen, that Mr. Wright approved of 
the doctrine of non-interference, generally held by the 
members of his party, upon the subject of slavery ; and 
it is not believed that his views were ever afterward 
changed. He approved of the principle of the " Wil- 
mot Proviso," in 1845-6 ; but a new question was then 
presented, which was, whether slavery should be per- 

* A similar remark in my " Life of Silas Wright" has elicited the 
indignation of Mr. Hammond, (Political History of New York, vol. iii. 
p. 174) ; and ho affects to misunderstand the meaning which I designed 
to convey. He supposes that I wished to justify Mr. Wright's vote, 
on the ground that Mr. Clay voted in the same manner. So far from 
this, I saw nothing that needed justification ; and my oi^ly object was 
to show, that all the great statesmen of the country, of both political 
parties, occupied common ground, in upholding the integrity of the 
Union and the comproiixises of the constitution. 



u„ 



ORATION AT CANTON'. 775 

mitted to extend itself to the territory acquired from 
Mexico. To this extension he was opposed, — but 
equally so, to any interference with that institution 
where it already existed with the implied or expressed 
assent of the government. In the abstract, totally dis- 
approving of slavery, he nevertheless voted for the ad- 
mission of Arkansas and Florida, both slave states, into 
the confederacy ; and he did not oppose the annexa- 
tion of Texas, for the reason that slavery had an ex- 
istence there, but for other and entirely different 
reasons. 

On the 4th of July, 1839, he delivered the oration at 
the celebration in Canton, in which he took occasion 
to give utterance to his views upon the abolition ques- 
tion. " If," said he, " there be those among us, who, 
misled by a mistaken sympathy, or by sudden excite- 
ment, upon any subject, are forgetting their obligations 
to the whole country, to the constitution, and the 
Union, let us use every effort of persuasion and ex- 
ample to awaken them to a sense of their dangerous 
error. If those, who, for the sake of private interest, 
personal ambition, or momentary political success, are 
willing to experiment upon the public passions, to treat 
lightly their constitutional obligations, to foment sec- 
tional jealousies, and raise up geographical distinctions 
within the Union, let the absence of our countenance 
and support convince such, that the personal gratifica- 
tion, or public services of any living man, are not ob- 
jects of sufficient magnitude to be gained at the expense 



SILAS WRIGHT. 



of the harmony of the country, the peace of the Union, 
, or a single letter in the list of our constitutional duties/' 

He approved of the principles of the bankrupt law 
recommended by Mr. Van Buren, but opposed that 
which was afterward enacted, under the administration 
of Mr. Tyler. All the great measures in regard to the 
public lands, brought forward and supported by the 
democrats in Congress, during the administration of 
Mr. Van Buren, received his approbation. He opposed 
the various bills making compensation for French 
spoliations prior to 1800, which were considered during 
his term of service in the Senate. His advocacy o[ a 
hard-money currency in the operations of the govern- 
ment was sincere, and he exhibited great ability in 
discussing this, as he always did other financial ques- 
tions. His best and most elaborate speech advocating 
a return to a specie currency, v.'as delivered on the 16th 
of May, 1838. 

In 1837, he voted in favor of the recognition of 
Texan independence, but against the proposition to an- 
nex Texas to the United States, made in 1838. Still 
in the Senate, in 1844, he opposed the ratification of 
the treaty of annexation concluded under the auspices 
of Mr. Tyler. His objections to this measure were, not 
that the acquisition of Texas was undesirable, but be- 
cause the claims of Mexico were not first disposed of 
by means of a negotiation with her ; because the boun- 
daries of Texas were not settled by the treaty, but 
were left undetermined, and, therefore, by implication. 



ANNEXATION OF TEXAS. 777 

sanctioned the claim which she had made to territory 
the title to which was a matter of doubt ; and because 
it was alleged, by Mr. Calhoun, who concluded the 
treaty on the part of the United States, that the object 
of annexing Texas was to strengthen and secure the 
slave interest. The Senate did not ratify the treaty, 
and Texas was afterward annexed by joint resolutions, 
embracing an alternative proposition making provision 
for a negotiation. He was not then in the Senate, 
but, had he been, it is very probable he would have 
voted for the resolutions. 

He was always fearful that the annexation of Texas, 
without a prior negotiation with Mexico, would occa- 
sion hostilities with that government, and his fears were 
ultimately realized. The war found him in the execu- 
tive chair of New York, but he contributed, to the ex- 
tent of his power and influence, to the support of the 
general administration in the measures adopted for its 
prosecution. 

In 1840, he supported Mr. Van Buren for reelection, 
and during the canvass delivered a number of effective 
speeches from the stump. But the efforts of himself 
and other friends of the president proved unavailing, 
and General Harrison was declared the successful can- 
didate. 

Mr. Wright opposed the project for a national bank, 
the distribution of the revenue arising from the public 
lands, and all the great measures brought forward by the 
whig majority in the 27th Congress. He voted for the 

33* 



SILAS WRIGHT. 

tariff law of 1842, however ; not for the reason that he 
approved of a high protective tariff, but solely be- 
cause it was the only revenue measure proposed, and 
if it were not passed, the government would be bank- 
rupt. Under the administration of Mr. Polk, a new 
tariff law was enacted, known as " the tariff of 1846," 
which, in all its essential features, harmonized with the 
views of Mr. Wright. 

Notwithstanding his warm approbation of the bank 
vetoes of President Tyler, Mr. Wright was unwilling 
to be classed among the particular friends of that gen- 
tleman. He choose to remain aloof from all cliques or 
factions, contenting himself with the faithful and con- 
scientious discharge of his senatorial duties. 

In February, 1843, Mr. Wright was once more re- 
elected. Not the least opposition was now offered to 
him, and he was unanimously nominated in the legisla- 
tive caucus, on the first ballot. In January, 1844, the 
office of Associate Justice of the Supreme Court of 
the United States, made vacant by the death of Smith 
Thompson, was tendered to him by President Tyler, 
but he preferred to remain in the Senate and therefore, 
declined its acceptance. 

He was ardently desirous that Mr. Van Buren should 
receive the nomination for president in 1844, but he 
cordially acquiesced in the decision of the Baltimore 
convention. He was himself nominated, in the first 
place, for vice-president on the same ticket with Mr. 
Polk, and that by the unanimous voice of the conven- 



ELECTED GOVERNOR. 779 

tion; but as his friend, Mr. Van Buren, had been the 
choice of New York for the first office, and as the latter 
had not been nominated because of his opposition to the 
immediate annexation of Texas, in which he con- 
curred, he refused to accept the nomination. Still, he 
gave his hearty support to the democratic candidates. 

Several months previous, he had been solicited to 
accept the nomination for governor of New York, by 
the leading radical members of the Legislature ; but 
he steadily and uniformly refused to permit his name 
to be used, with his consent or approbation, in opposi- 
tion to the incumbent, Governor Bouck. Such was 
the dissatisfaction, however, existing among the demo- 
crats in the state, that the public sentiment of the party 
appeared to be adverse to the renomination of Gover- 
nor Bouck, and in favor of the selection of Mr. 
Wright, who had not been identified with the existing 
divisions and dissensions, as his successor. 

At the democratic state convention, held at Syra- 
cuse on the 4th of September, Mr. Wright was nomi- 
nated for governor, on the first or informal ballot, by a 
vote of ninety-five to thirty for Mr, Bouck. The 
nomination was then made unanimous, with the hearty 
concurrence of the friends of the latter ; and the whole 
party, united in its energies and efforts, went into the 
canvass with a spirit and energy indicative of the suc- 
cess that awaited it. Associated with Mr. Wright, on 
the democratic ticket, as the candidate for lieutenant- 
governor, was Addison Gardiner, of Monroe county. 



780 SILAS WRIGHT. 

Millard Fillmore, of Erie county, deservedly one of the 
most popular men in the state, and the present chief 
magistrate of the Union, was the opposing candidate 
for governor ; and Samuel J. Wilkin, of Orange 
county, was supported by the Whigs for Heutenant- 
governor. 

The contest was an animated one. The whig can- 
didates in the state and nation enjoyed a high degree 
of popularity, and were sustained with great enthusi- 
asm. The nomination of Mr. Wright secured the vote 
of New York for the democratic ticket, and that vote 
decided the presidential question. The democratic 
electoral ticket succeeded in this state by a little over 
five thousand majority, but the majority of Mr. Wright 
over his opponent exceeded ten thousand. He did not 
again take his seat in the Senate, but resigned it, in the 
month of November, shortly after the election. 

In regard to questions of state policy, he was well 
known to agree, in the main, with the radical demo- 
crats, consequently, no one was surprised, on the ap- 
pearance of his first message, in January, 1845, to find 
that he endorsed the law of 1842 to the fullest extent. 
But most of the radicals were now committed in favor 
of a convention to revise the constitution, for the pur- 
pose, more particularly, of incorporating the guaran- 
ties, pledges, and restrictions, of that act, into the fun- 
damental law of the state. Governor Wright was not 
prepared to approve of the convention project ; he 
was of the opinion that all desirable amendments could 



ANTI-RENT EXCITEMENT. 781 

be made through the agency of the Legislature, and so 
expressed himself in his message. He stated, how- 
ever, that if those amendments were not made, the 
necessity for a convention would be more urgent, and 
probably might be necessary. 

He found the peace of the state disturbed by the 
forcible resistance offered to the execution of the laws, 
by the anti-renters in Columbia, Delaware, and other 
counties. He approved of Governor Bouck's course 
in ordering out the militia to put an end to the dis- 
turbances in Columbia county ; and during his whole 
administration, pursued a firm and decided policy, in 
availing himself of all his official power and influence, 
to preserve the public tranquillity, and to maintain 
the integrity and supremacy of the law. In 1845, he 
recommended the passage of laws to prohibit persons 
from wearing disguises, and to authorize the governor 
to declare a county in a state of insurrection under 
certain circumstances, and to call out an armed force 
to suppress it ; these laws were promptly enacted by 
the Legislature at the session of 1845. In August, 
1845, one of the deputies of the sheriff of Delaware 
county was murdered by the anti-renters, and this out- 
rage was followed by other alarming violations of law 
and order. He immediately issued his proclamation, 
in accordance with the act of 1845, and ordered out a 
military forqe. The insurrection was quelled; a num- 
ber of the anti-renters who were present, disguised as 
Indians, at the time of the murder in Delaware county, 



SILAS WRIGHT, 



were arrested, tried, and convicted. Two persons 
were found guilty of the murder, as accessories, though 
it appeared that they did not actually commit it. For 
this reason, and at the request of the jurors by whom 
they were convicted, Governor Wright commuted their 
punishment to imprisonment for life. 

He was urgently solicited to pardon all the anti- 
renters, upon the ground that their offences were 
political ; but he firmly refused, up to the last hour of 
his official term. Yet, at the same time, he freely ex- 
pressed his disapprobation of the manorial tenures, 
and his sincere wish that a system so inconsistent with 
the other institutions of the state, could be done away, 
in some amicable, legal, and constitutional manner, 
and the tenants become the owners in fee of the land 
which they occupied. 

It is quite evident, that it was the desire of Mr. 
Wright, when he entered upon the office of governor, 
to pursue a middle course between the radical and 
conservative democrats, and, so far as that was possi- 
ble with the maintenance of his own views and prin- 
ciples upon important questions, to conciliate the favor 
and good-will of both factions. As in the case of 
Governor Bouck, this was his great mistake. So much 
bitterness of feeling had been engendered, that it was 
impossible for them to harmonize ; and his true course 
should have been, to identify himself with the radi- 
cals on the start, as he afterward did, though it was 



PAETV DISSENSIONS. 783 

then too late to be productive of anything but disaster 
to his political fortunes. 

The leadino; radicals were not at all satisfied with 
his position and course when he first became governor. 
They doubted and distrusted him. They wished him 
to reorganize the democratic party, and to place him- 
self at its head, as Mr. Van Buren had done in 1820. 
But he had not the nerve to undertake this, — not the 
tact to accomplish it. He understood men perfectly, 
but did not know how to use them. He was a states- 
man, not a managing politician. He lacked policy. 
He was Cato, not Caesar. Like the geologist, he knew 
the properties of his materials, but he had not the skill 
of the artist to mould them into shape and comeliness. 

In the Legislature of 1845, the two factions were 
about equal in point of numbers, but a large portion 
of the members belonging to either side were moderate 
men, and would have followed Governor Wright if he 
had identified himself with either. But they saw he 
was neutral, and of course followed their own prefer- 
ences, till they became interested and decided in main- 
taining them, and could no longer be influenced, except 
in favor of the faction to which they belonged. The 
course of Mr. Wright in opposing a convention in his 
message, strengthened the conservatives a great deal ; 
indeed, it was everything to them. The constitutional 
amendments which had been so often proposed, and 
by which it was designed to make the pledges and 
guaranties of the act of 1842 a part of the constitu- 



784 ' SILAS WRIGHT. • 

tion, v/ere defeated, as they required a vote of two 
thirds, by the whigs of the Legislature, who now, also, 
advocated a convention to revise the constitution. 
The conservatives, or hunkers, then consented to go 
with the radicals in support of a convention, provided 
all the amendments made should be required to be 
submitted separately to the people. In this respect, 
too, they had the sympathy of Governor Wright ; but 
by going with them thus far, it only increased their 
unfriendliness of feeling toward him, when he deter- 
mined to approve the convention bill as it at length 
passed the Legislature, with the separate submission 
feature excluded by the votes of the whig, and radical 
members. In this shape the bill became a law, and he 
was now connected and associated with the radical 
interest. His identification with them was made com- 
plete, by his veto of the canal bill which passed the 
Legislature, with the votes of the whigs and conserva- 
tives, in 1845, making appropriations, among others, 
for continuing the work on the unfinished canals, 
which, in his opinion, conflicted with the law of 1842. 

Governor Wright was at length identified with the 
radicals, but he had made the conservatives his ene- 
mies. The two factions could not agree upon a legis- 
lative address and resolutions at the close of the ses- 
sion of 1815; and from this time forward, the war 
between them was conducted with even greater spirit 
and bitterness than before. 

In his annual mes.sage in 1846, Governor Wright 



CONSTITUTIONAL CONVENTION. 785 

repeated the same views in regard to the financial 
policy of the state, which he had advocated in his re- 
port in the New York Senate, in his message at the 
previous session, and in the veto of the canal bill. 
The anti-rent excitement had now measurably subsided, 
and he recommended the abolition of distress for rent 
on all leases thereafter executed, the taxation of the 
income of landlords, and the restriction of the duration 
of leases to five or ten years. These recommendations 
were approved by the Legislature, and laws were 
passed in accordance therewith, except that the time 
of leases was not restricted, though this was afterward 
done by the constitution of 1846. 

But little business of a general character was trans- 
acted by the Legislature of 1846, in consequence of 
the anticipated constitutional convention to be held in 
June following. The sitting of this convention was 
the great event of the last year of his administration, 
and the revised constitution which they presented to 
the electors of the state met with his hearty approba- 
tion. He was particularly gratified with the incorpo- 
ration of the leading and most important principles of 
the law of 1842 in the new constitution. 

Open opposition to Governor Wright personally, 
was not exhibited by the conservative democrats, or 
hunkers, although the radicals, or barnburners, claimed 
to be his particular friends. Such was the influence 
of his name, and his wide-spread popularity, that more 
than nine tenths of the members of the democratic 



60 



t 

786 ' SILAS WRIGHT. 

state convention held in the fall of 1846, were in favor 
of his renomination. He was, accordingly, again pre- 
sented, with apparent unanimity, as the democratic 
candidate for governor. Mr. Gardiner was also re- 
nominated. John Young, of Livingston county, and 
Hamilton Fish, of the city of New York, were the 
opposing candidates. 

The result of the election was not a matter of much 
doubt. The murmurs of the hunkers were not loud, 
but deep, and in some counties, a great number of them 
either erased his name from the democratic ticket, or 
supported the opposing candidate. Mr. Wright's refu- 
sal to pardon the anti-renters, or to pledge himself to 
do so if he were reelected, prevented his receiving the 
support of their friends, who voted for Messrs. Young 
and Gardiner. Both these gentlemen were consequent- 
ly elected, — the majority of Mr. Young over Governor 
Wright exceeding eleven thousand. 

His defeat was not unexpected to Mr. Wright. 
When he consented to accept the gubernatorial nomi- 
nation, he anticipated just such a result, if he should 
be a candidate for a second election. He was not, 
therefore, either chagrined or disappointed ; but at the 
close of his term, retired to his residence at Canton, 
and busied himself in the improvement of a farm which 
he had recently purchased. 

But the eyes of his countrymen, in all parts of the 
Union, were fixed upon him. His senatorial honors 
were far too brilliant to be dimmed by a defeat occa- 



HIS DEATH. 787 

sioned by the divisions of his party. In several of the 
most distant states, he had been nominated as a candi- 
date for the next presidency, in the columns of leading 
democratic journals ; but all the hopes of his friends, 
and the aspirations of his ambition, if such he had, were 
blasted, by his sudden death, which took place at Can- 
ton, on the 27th day of August, 1847. 

Ever since his return from Albany, he had been 
constantly engaged in working upon his farm, like any 
common laborer. The land was new, and he had 
worked considerably in digging and clearing out ditches, 
and in other occupations that required a stooping posi- 
tion. He also did his share of the labor in the harvest- 
field, and seemed never so happy as now, since he had 
laid aside the robes of office, and, like Cincinnatus, was 
enjoying himself, in the noble employment of cultivat- 
ing the soil. After working hard during the day, he 
spent his evenings in conducting his extensive corres- 
pondence, and for two or three weeks previous to his 
death, in preparing an address to be delivered before 
the State Agricultural Society at the annual fair. 
This address was completed, and was read before the 
society, by his friend John A. Dix. It is a most able 
production, and is mainly confined to the discussion of 
the question, whether the consumption of the country 
equalled, or would probably equal in any calculable 
period, its agricultural production, and, inferentially, 
to the effect of a high protective tariff' upon the export- 
ing or farming interest. 



788 SILAS WRIGHT. 

His death was occasioned by the disease of the 
heart, or blood-vessels connected with it, known among 
medical men as angina pectoris, to which he was prob- 
ably constitutionally inclined, and which was developed 
or hastened in its effect, by over-exertion and fatigue 
during the summer. 

"In person, Mr. Wright was large and muscular, 
hale and vigorous. His stature was about five feet 
and nine or ten inches. His complexion was florid ; 
his hair a light brown ; and his eyes of a bluish gray. 
Constant exercise in early youth had developed his 
form, and rendered him hearty and robust. He was 
somewhat inclined to corpulency in later years, but not 
by any means what could be called gross. He was 
aware of the plethoric tendency of his constitution, and 
for that reason, probably, devoted more of his leisure 
time to manual labor than he otherwise would have 
done. He dressed quite plainly, and was simple in all 
his habits. He usually enjoyed excellent health ; ex- 
cept in the fall of 1834, he was never known to be 
seriously ill, until the fatal attack that terminated his 
existence. 

" In his domestic relations, he was everything that 
could be desired — a tender and affectionate husband — 
a faithful and devoted friend. He had no children. 
As has been beautifully said of Washington and Jack- 
son — ' Providence denied him these, that he might the 
better serve his country ;' or, as he himself expressed 
it, ' that he might be a father to the children of his 



APPEARANCE AND CHARACTER. 789 

friends !' His manners were affable, and his address 
pleasing and agreeable. He never forgot the dignity 
of his position or of his character ; but he always had 
a kind word and a cheerful smile to greet those who 
visited him. As a citizen, he was generous and public- 
spirited, and the influence of his example was upon the 
side of morality and good order. Says one who knew 
him intimately for many years : ' In his social inter- 
course, I never heard him utter an unchaste word, or 
an immoral sentiment. Whenever he returned from 
his public positions, to the place of his residence, he 
returned to the simple, frugal, and industrious habits 
of a New England farmer, and to the kind and neigh- 
borly offices which so eminently distinguished the early 
rural population of our pilgrim fathers.' 

" In the public schools and seminaries of learning, 
in his own county, and in the state at large, he took 
a deep interest. Anything designed to increase the 
happiness, or promote the prosperity, of his fellow- 
citizens, was sure to receive his patronage and encour- 
agement. He was not in affluent circumstances, yet 
he possessed what to one of his moderate wants, was a 
competency. Though he had filled many high offices, 
and occupied situations which afforded him frequent 
opportunities for the acquisition of wealth, his thoughts 
were directed to other, and, unless riches are sought 
in the proper spirit, to what may be called nobler pur- 
poses. His punctuality was proverbial. After he be- 
came a member of the Senate, his correspondence was 



790 ■* SILAS WRIGHT. 

extensive, and often proved a great tax to him, in time, 
if not in money. But he was never forgetful of those 
who addressed him, and invariably adhered to his rule, 
not to leave a letter unanswered for a single day, ex- 
cept where the nature of the subject required a 
lengthy and deliberate reply. 

" Silas Wright w^as not an orator — that is, he would 
not have been termed eloquent, in the common accep- 
tation of the word. There was no attempt at display 
in his manner, nor rhetorical embellishment in his lan- 
guage ; but he was an able and intelligent speaker. 
He had not the graceful delivery of Clay, or the em- 
phatic earnestness of Calhoun ; yet there was a sub- 
dued enthusiasm in his style of speaking that was irre- 
sistibly captivating ; and though his voice was not 
pleasant, this was almost instantly forgotten in the 
beauty of his argument. There was nothing declam- 
atory about him. He appealed to no man's passions 
or prejudices. He was cool and collected, and care- 
fully preserved his own equanimity, while he avoided 
giving oiTence, or provoking ill-feeling. He spoke 
slowly, but distinctly and fluently, and with evident 
care and deliberation. His hearers were charmed ; 
and listened, but to be charmed again. Every word 
seemed to issue forth at the proper time, and in the 
proper place. All was clear, forcible, logical and per- 
suasive. 

" He was not destitute of ambition ; but his was not 
that low and grovelling passion which seeks its gratifi- 



MENTAL QUALITIES. 791 

cation in the present — it was rather that nobler, and 
purer, and loftier sentiment, which is directed to higher 
ends and higher aims ; which strives for the welfare of 
one's country and race ; and looks to the future, not 
over-confident, but trustful and hopeful, for a sure re- 
ward. He was totally devoid of selfishness. During 
the administrations of Jackson and Van Buren, he 
might have commanded some of the most lucrative 
offices in the gift of the national executive, but he 
asked for none of them ; and when they were tender- 
ed to him, he put them aside, not as Caesar put aside 
the crown, to have them urged upon him, but because 
he was content to remain where he was, in the Sen- 
ate. The sterling qualities of his mind, peculiarly fitted 
him for the sphere in which he moved. It has been 
said, that " the book of a statesman is the human 
heart." No one perused it more attentively than he. 
His foresight and sagacity were remarkable. He was 
a sound and careful thinker — clear-headed, practical, 
and discreet. His mind was evenly balanced and well 
disciplined. Success was not followed by a lack of 
caution ; and danger did not intimidate him. Like 
the sturdy Alpine hunter, with the mountain-torrent 
dashing beneath his feet, and the dreaded avalanche 
thundering in the distance, he was not indifferent to 
peril, but firmly and calmly prepared to meet it. Poli- 
tics appeared to him to be a science worthy of the 
best energies of his mind, and he sought, in his life and 
conduct, to give it that elevated character which it de- 



792 SILAS WRIGHT. 

served. He belonged to a higher grade of politicians 
— he was a statesman."* 

He has left behind him an honored and an honorable 
name among American statesmen. " Celebrated men," 
said Napoleon, " lose on a close view." It was not so 
in the case of Mr. Wright. The more critical the ex- 
amination of his character, the more beauties are dis- 
closed. There is a fullness, a completeness, a symme- 
try, about it, which, like a piece of statuary of perfect 
proportions, charms, interests, and excites feelings of 
admiration. He possessed rare intellectual faculties, 
rather imitative, perhaps, than creative ; but his mind 
was capacious, and had a striking amplitude of com- 
prehension. 

He looked for models of statesmanship to republican 
Rome, and preferred to be Cato, or Cincinnatus, rather 
than Shaftesbury or Sunderland. Like Montague and 
Walpole, he was a skilful financier, but how much did 
he improve upon the authors of the funding system 
and the excise scheme ! He maintained, throughout 
his life, a high character for integrity in his public and 
private relations. He was not a daring politician, and 
never struck out in advance of his party ; yet he never 
opposed useful and needed reform. In this respect he 
was both a conservative and a radical. A rigid party 
man, he was, nevertheless, an honest legislator ; one 
who kept the great end of legislation, the welfare ol 
the people, constantly in his view. 

* life of Silas Wright, p. 259 et seq. 







ldA'F.¥ic/t£lm. ffWtmmJ!' 



JOHN YOUNG. 

Like his distinguished predecessor in the chair of 
state, this frentleman came fronn Vernaont to New York. 
He is a native of the former state, and was born in the 
year 1802. His father, Thomas Young, emigrated from 
Vermont when he was a lad, and settled in the town 
of Conesus, Livingston county, where he at present 
resides. For many years he kept a public-house in 
that town, but during the latter part of his life has cul- 
tivated the farm which he now owns and occupies. 
Though a man of rather eccentric character, he pos- 
sesses extraordinary good sense; and in his younger 
days, was conspicuous for his enterprise and persever- 
ance. He had just those qualities, in a word, which 
fitted him for one of the pioneers of western New 
York; and which, in the evening of his life, he can 
see manifested and developed by his son, in a different 
career, and under different circumstances. His wife, 
the mother of the governor, is said by all who know 
her, to be an amiable and excellent woman; and both 
she and her husband, are highly respected and es- 
teemed, in the circle of their acquaintance, for their 
intelligence, and for their traits of mind and character. 
34 



fgif JOHN YOUNG. 

John Young was their only child, and as may well 
be presumed, no advantages were denied him, that 
could serve to bring out and strengthen those germs 
of talent, which constituted the budding promise of his 
earlier years, and, now that they are fully ripened and 
matured, are regarded with so mucli satisfaction by his 
numerous friends. 

But the circumstances of his father were moderate, 
indeed humble. He had not the pecuniary ability to be- 
stow a finished education upon his son, but he furnished 
his mind as liberally as his means would permit, taught 
him the duty of self-reliance, and sent him forth into 
the world with his blessing, to achieve his own for- 
tunes, and to carve out a destiny for himself. He re- 
ceived his early, and his only education, at the common 
schools — which were common enough in those days — 
chielly in the town of Conesus, where his parents re- 
sided. 

His youthful ambition had fixed his hopes and desires 
upon the profession of the law; but he was unable to 
gratify them till he reached man's estate. Having 
once determined on his course, however, no obstacles 
were allowed to interfere with, or to prevent, the ac- 
complishment of his desires. Before him was the goal 
on which his thoughts were fixed ; all his energies 
were directed toward the attainment of his wishes; and 
the difficulties that occasionally sprung up in his path, 
only sharpened the zest and increased the eagerness, 
with whjch he prosecuted his preliminary studies. 



STUDIES LAW. 795 

In 1823, he commenced the study of the law in the 
office of Augustus A. Bennett, a highly respectable 
lawyer, at East Avon, in Livingston county. Unwil- 
ling to be a burden upon his father, he supported him- 
self while reading law, by teaching a common school, 
and the customary practice in justices' courts which 
usually falls to the lot of students. His clerkship was 
completed at Geneseo, the county-seat of Livingston, 
in the office of Ambrose Bennett, a prominent member 
of the bar in that county, and, till his death, which 
took place in 1833, a leadino" and active politician. 

Mr. Young was admitted to the bar of the Supreme 
Court in 1829, having been previously admitted as an 
attorney of the Livingston Common Pleas, and imme- 
diately commenced practice at Geneseo, where he 
continued to reside till his election to the office of 
governor. His professional success was alike flatter- 
ing to his talents and his character. Possessing re- 
markable shrewdness and perseverance, a thorough 
knowledge of human nature, good common sense, — 
native talents above mediocrity, developed and invigo- 
rated by the experience to which the character of a 
self-made man must always be subjected — together 
with integrity, fidelity, and industry, he was well fitted 
to encounter the difficulties and embarrassments inci- 
dent to a professional career, and to achieve the tri- 
umphs which await desert like that which he exhibited. 
Political and personal considerations, in a majority of 
cases, influence the opinions of the people of a county 



796 JOHN YOUNG. 

in regard to the members of their bar. It cannot be 
said, therefore, that Mr. Young was placed, by general 
consent, at the head of his profession in Livingston 
county ; others had their friends and admirers, as well 
as himself, — yet it is true, that every one conceded to 
him a place in the very front rank, while he remained 
in practice. 

He was an active politician in early life. His 
friend, Mr. Bennett, was a democrat and a Jackson 
man ; and Mr. Young's predilections when he first 
became a voter inclined him to support the measures 
and the candidates of the republican or democratic 
party. Becoming well and widely known to the citi- 
zens of the county, while engaged in the study of the 
law, he was nominated as the democratic candidate for 
county clerk in the fall of 1828, but was defeated by 
the antimasonic and opposition candidate. At this 
election he supported General Jackson and Mr. Van 
Buren, with his accustomed energy and activity. 

From the first, he had disapproved of the outrage 
committed by some of the members of the masonic 
society in the abduction of Morgan ; he believed the 
institution to be exceedingly dangerous in its tendency ; 
and from agreeing and sympathizing with the anti- 
masons in these general views, it was easy for him to 
associate himself with the new party which was about 
this time formed in western New York. The district 
of country in which he resided was thoroughly infected 
with antimasonry, and many of the most active Jack- 



ELECTED TO THE LEGISLATURE. 797 

son men attached themselves to the antimasonic party 
at the time of, or soon after, its first organization. It 
was, in truth, made up of all parties, and contained 
men who had been the most decidedly opposed to each 
other upon the general questions which had before di- 
vided political parties. 

In 1829, he connected himself with the antimasonic 
party, and adhered to its fortunes with fidelity, amid 
all its changes and vicissitudes, till it united with the 
old national repubhcans, and formed the present whig 
organization. From 1828 to 1837, he held several 
minor town offices, the duties of which were discharged 
with ability and promptitude. In 1831, he was one of 
the antimasonic candidates for the assembly, his col- 
league being George W. Patterson, late lieutenant- 
governor of the state. The antimasons were largely 
in the ascendant in Livingston county, and no serious 
opposition was offered to their candidates for the Legis- 
lature, both of whom were elected. 

Mr. Young was appointed a member of the judiciary 
committee in the Assembly, and took a high stand in 
the little band of his political friends who had been 
chosen to this Legislature. Francis Granger, however, 
was the champion and leader of the antimasonic pha- 
lanx, and those members who were less known and 
less experienced, did not have that opportunity for 
distinguishing themselves which would otherwise have 
been presented. Mr. Young occasionally took part in 
the debates, and always acquitted himself in a credit- 



798 • JOHN YOUNG. 

able manner. He opposed the passage of the resolu- 
tions declaring that the charter of the United States 
Bank ought not to be renewed, and voted against the 
bill increasing the salaries of the judicial officers of the 
state. The Chenango Canal bill, which passed the 
Senate at this session, but was lost in the Assembly, 
received his support and his vote. 

He was not again a candidate for the popular suf- 
frage till the memorable contest of 1840; having, in 
the meantime, been actively and honorably engaged 
in the successful practice of his profession. In 1840, 
he was the whig candidate for member of Congress 
from the thirtieth district, embracing the counties of 
Livingston and Allegany, and succeeded over his 
democratic opponent by about two thousand majority ; 
a result which may be attributed, in a good degree, to 
his own personal exertions in supporting and defending 
the principles and the candidates of his party, in Liv- 
ingston county. Its firm adhesion to the whig cause 
has in times past been proverbial, and its fidelity in 
this respect is both an imitation of his own character, 
and one of the results of his eflbrts. 

In May, 1841, he took his seat as a member of the 
27th Congress. While in the House of Representa- 
tives, he did not distinguish himself so much by the 
number or ability of his speeches, as by his labors in 
the committee room, and his sagacious advice in regard 
to the movements and policy of his party. The bank 
bills vetoed by President Tyler, the distribution of the 



RE-ELECTED TO THE LEGISLATURE. 799 

proceeds of the public lands, and the tariff law of 1842, 
received his warm support and approbation ; and when 
all, or nearly all, the great measures of the whig party 
were defeated, by the impracticability of Mr. Tyler, he 
most cheerfully affixed his signature to the able mani- 
festo, in which the whig members of the 27th Congress 
justified the measures they had advocated, and the 
course they had pursued. 

At the close of this Congress, Mr. Young once more 
returned to private life, and to the cares and duties of 
his profession ; but in 1844 he was again summoned 
from his retirement, and in deference to the repeatedly- 
expressed wishes of his political friends in Living- 
ston county, consented to accept the whig nomination 
for member of Assembly. He was, of course, elected ; 
and no one occupied a higher or more flattering po- 
sition in the Legislature of 1845, than himself. 

He had early avowed himself in favor of the propo- 
sition to call a convention to revise the constitution. 
Many leading members of the whig party exhibited a 
great degree of reluctance in advocating this measure ; 
but by means of his arguments and persuasions, all his 
political friends in the Legislature, with one or two 
exceptions, were ultimately brought to adopt his views. 
The whigs held the balance of power in the Legisla- 
ture, and, under his lead and direction, no means were 
left untried or unemployed, that promised to widen the 
breach between the two factions. His tact and man- 
agement were admirable. The whigs voted against 



800 ■ , . JOHN YOUNG. 

the proposed amendments of the constitution, which 
the radicals had so long advocated, and thus compelled 
the latter to insist upon a convention. When the con- 
servatives proposed to go for the convention bill, pro- 
vided that all amendments made by the convention 
should be submitted separately to the people, the vvhigs 
opposed this proposition, and, with the aid of the radi- 
cals, defeated it. 

Mr. Young made a number of able speeches during 
the progress of the convention bill through the House, 
mainly in reply to Horatio Seymour, the speaker of 
the Assembly, and the leader of the conservatives, or 
hunkers, in that body. From his two principal speeches 
on this question, the following extracts are taken, as 
affording the best specimens of the character of his 
parliamentary eloquence : 

" The gentleman [Mr. Seymour] said he was in favor of retaining 
this instrument in its present form, because it had sustained for sixteen 
years, with the exception of two administrations, the party to which he 
belongs. I am not in favor of any constitution because it tends to 
sustain any particular party organization, and which looks to party for 
protection ; and I cannot believe, that he is in its favor for euch 
reason. Will he say again, that because tlie ' democratic' party, as he 
calls it, though I do not acknowledge it to be such, has sustained itself 
for sixteen years, that is the reason why he would not alter the con- 
stitution ? Has it come to this ? — that a statesman, learned, intelligent, 
distinguished, familiar with questions of constitutional law, in open day, 
not only acts from such motives, but tears off the mask and tells the 
world, that we are to make a constitution in reference to party advan- 
tages ? He surely cannot mean this. Let him ask the hardworking 
and intelligent mechanic, what is the purpose of a constitution; will 



SPEECH ON THE CONVENTION BILL. 801 

he reply that such is its object? Ask the farmer — the bone and 
sinew of the country — as in the soft twilight of summer he sees the 
lambs skipping on the green lawn, if it is for party purposes that he 
wants a constitution ? Or in the autumn, when his granaries are full, 
and he offers thanksgivings ; — and what will be his answer ? * * * 

" And yet, in the bosom of that gentleman there breathes the moat 
generous emotions. Those hands have been stretched out for the re- 
lief of human suffering. It is not the man's, it is the party madness of 
the day, — a madness that, forgetting the future, looks not beyond the 
day. But to those men who look to their posterity , and, as they see 
the stream grow wider and deeper as it flows on to the great ocean of 
the future, feel that their blood there flows, — I send him there to ask, 
if they would frame a constitution to favor party ? They will respond, 
we would frame constitutions for ourselves and for our children. * * 

" When was it that we first sought to agitato this question ? We 
had just passed through a political campaign, in which we had been 
overthrown. That was not our fault, but our misfortune. We felt the 
weight which had fallen upon us by the great victory which you had 
attained over us. But we then thought — how justly, others must 
judge, — that overthrown as we were, we might still speak, think, and 
utter our thoughts, too, if there was nothing in them which the laws 
of the country and of propriety forbade. How did we find you ? 
There was another circumstance known to us, — for this was not the 
first time we knew you. We knew of the contest at Syracuse, where 
you were divided. When we came here, you met us with the proud 
claim that you were again allied. We saw you — I now address that 
branch of the party supposed to be in favor of a convention — marching 
up to Syracuse in your strength, and overthrowing those allies that 
now come here and tell us not to agitate this question. We had seen 
more. The branch of the party to Vv^hich I believe you, sir, (addressing 
the chairman, Mr. Bevens, a hunker,) arc attaclied, was overthrown by 
that to which the gentleman from Westchester was attached, if rumor 
and his early acts at this session can be relied on. This was your con- 
dition at Syracuse, but we could not tell what results would flow from 
your action. We saw you grapple with a foe fully your equal, and 

34* 



51 



802 JOHN YOUNG. 

though you overthrew your antagonists for the day, and Vly Sumnut 
•was clothed in mourning ; yet if you had paid much attention to the 
attendant circumstances, you would have found that ' pomp was the 
funeral, the black the woe.' The funeral knell, if it was sounded, 
scarcely reached the first farmhou.se. And while you were on that 
night engaged in the revel — nay, for aught I know, when you had 
brought out the golden vessels, an ordinary perception might have 
seen not only the handwriting upon the wall, but the whole person, 
proclaiming what subsequent events proved to be too true, that on 
that night should Belshazzar the king be slain. If you had then 
looked into the camp of your adversaries, you would have heard the 
noise of mirth drowning the funeral dirge. They looked forward to an 
event, which you see clearly now, when he, whom you called the Cato 
of America, should be one of them. They appreciated the man better 
than you, and they felt that while they had lost nothing, you had in- 
deed lost your general. This was your condition. * * * 

" There is another remark in that speech (alluding to a speech de- 
livered by Mr. Seymour) to which I listened with mingled pain and 
pleasure. He asserted that the party with whom he acts, would be 
unanimous on this question of a convention. He was then in the hey- 
day of power, and I thought, — and I beg pardon of my barnburning 
friends for entertaining the suspicion, — that he would be able to make 
the party unanimous. 

" I thought I saw givings away in some quarters. I regarded your 
forces as scattered in the early part of the session, and I feared there 
would be nothing left. I knew that the Oneida chief whom you had 
defeated, was not annihilated, but was still hanging around your out- 
posts, and once your vote in this house appeared to indicate that the 
real friends of a convention were few indeed. But the gentleman 
evinced too clearly in his speech on Saturday, that after all his disci- 
pline and machinery, he had been compelled to surrender, and we heard 
him asking for quarter. It was painful to witness a spirit so proud 
thus crushed. Then I thought I could look into another place, and as 
he paced his own chamber with nervous tread, I could catch some 
broken fragments of his expressions in retirement, — for thoughts will 



SPEECH ON THE CONVENTION BILL, 803 

eometinies come unhidden to the lips. Long he struggled against his 
fate before he was brought to submit to the state of things surrounding 
him. The great captain was defeated, and I thought I would hear 
many of the expressions of his wounded spirit. I thought I heard him 
say, ' I have done much, have worked long, and have labored hard for my 
party' — and I could hear no more. Then I thought I heard another 
fragment from his lips, and it was in tlie words of the great poet — 

' If I had served my God with haK the zeal 
I've served my king' — 

and there that sentence ended. I thought I heard other things, and as 
he repeated the word ' Saratoga,' a pang shot across his face, and I 
heard him say — 

' Stab'dst me in my prime of youth 
At Tewksbury.' 

" He was not speaking of the battle of Saratoga, but of a certain 
convention in the fifth senate district, and then his feelings of nervous 
excitement seemed still stronger. This was not all I heard. In his 
imagination, he saw not merely a handwriting upon the wall, but the 
full length of a living, breathing man. His gray hair hung in curia 
upon his shoulders. I heard nothing then, for he said nothing. The 
countenance of that old man was familiar to that gentleman, and it was 
the last face he wished to see at such an hour. I listened, for I thought 
in that great struggle I might hear him pronounce the Roman name of 
Cato. But prostrate and fallen as he seemed to regard himself, even 
then he had no fear of Cato. The scene passed by, and let us return 
from tliat chamber to this halL The advice which he gave for my 
benefit, looked only to political life for reward. I thanked him for 
his good wishes, but my road lies another way. I have a single word 
to say to him. There is much of him to cultivate for good. He has 
shown himself the possessor of high and brilliant talents, and if he 
would forget party, and turn aside his passion for place and power, and 
tlie narrow path of party discipline and tactics — tear away the drapery 



804 JOHIV YOUNG. 

he has thrown around himself, and stand out his o-wu living self, 
breathing out the purposes of his generous heart, I hope I shall live 
to see that gentleman occupying the highest station that his ambition 
may desire." 

Mr. Young was the Ajax of his party during the 
debate on the convention bill. He led and marshalled 
them; and under his auspices, though in a minority, 
they controlled the action of the Legislature. He op- 
posed with all his ability the attempt to ingraft the 
separate submission feature upon the convention bill. 
He saw the whig party of the state and nation prostra- 
ted and disheartened, in consequence of the defection 
of Mr. Tyler, and he was ambitious to aid in restoring 
its ascendency. This object he did not conceal nor 
deny. Important amendments to the constitution, 
which, if adopted, would change its whole frame-work 
and character, were urged with more or less earnest- 
ness by the different parties and factions. It was very 
evident that a large majority of the people of the state 
desired to have some or all of these amendments made, 
and the history of the convention of 1821 pointed out 
distinctly and clearly the fate that would await those 
politicians who opposed popular reforms. It was his 
wish, therefore, as he- has himself said,* " to popularize 
and republicanize" the whig party, and thus add to 
their strength ; and in no way could this be so effectu- 
ally done, as by insisting on a convention with unlim- 
ited powers, in which his whig friends might have the 

* Speech at the Banquet in New York, January IS, 1850. 



RE-ELECTION. 805 

opportunity to advocate the great measures of reform 
demanded by the people. 

The Convention bill finally passed the Assembly, on 
the 22d of April, 1845, Mr. Young, and the other whig 
members, with two exceptions, voting in its favor. It 
was ultimately concurred in by the Senate, and re- 
ceived the approbation of Governor Wright. 

At this session, also, Mr. Young supported the canal 
bill which passed the Legislature and was vetoed by 
the governor. Indeed, his views and opinions upon 
the internal improvement policy of New York, have 
ever harmonized with those of his party ; and he has 
always favored the prosecution of such enterprises, and 
the construction of such works, as were required to 
develop the resources of the state. He did not demand, 
as a condition of his support, that each work should be 
certain to be immediately profitable, but if it promised 
to advance the general prosperity, and if, in the end, 
the pecuniary ability of the state was not impaired, he 
was content. He regarded the public works together, 
as a great system ; and if, in the aggregate, they were 
found beneficial and profitable, that, to his mind, was 
suflUcient. 

He was again returned to the Assembly, by the 
whigs of Livingston county, in the fall of 1845, and 
was supported as the candidate of his party for the 
speakership ; but as the democrats were in the majori- 
ty, they elected one of their own number. The ses- 
sion of 1846 was not an important one, only so far as 



806 JOHN YOUNG. 

it served to keep alive the divisions in the democratic 
party. The radicals, as represented in the Legislature, 
had a majority over the conservatives, and they nomi- 
nated William Cassidy, one of the editors of the Albany 
Atlas, as the candidate for State Printer, instead of 
Edwin Croswell. The conservative friends of the 
latter now proposed to abolish the office, and to give 
the public printing to the lowest bidder. This propo- 
sition was approved by Mr. Young and his whig 
friends, and they supported it with their votes, by which 
the office was abolished, and additional bitterness was 
imparted to the hostile feelings of the hunkers and 
barnburners. 

In 1844, Ml". Young had approved of the position 
assumed by his party at the north, with reference to 
the annexation of Texas, and he was ever decided in 
his opposition to that measure. He anticipated a war 
with Mexico ; but when it occurred, he was disposed 
to waive his individual feelings and opinions in regard 
to the causes which had produced it, and to stand firmly 
and faithfully by his country in its prosecution. The 
New York Legislature was upon the point of adjourn- 
ing, sine die, in the spring of 1846, when the intelli- 
gence reached Albany, that the armed forces of Mexico 
and the United States had come in collision on the 
banks of the Rio Grande. A resolution was immedi- 
ately introduced in the Assembly, by a democratic 
member, authorizing the governor to enrol fifty thousand 
volunteers, to defend the state, or to proceed to the 



REMARKS ON THE WAR. 807 

seat of war, as the honor and dignity of the country 
required, and appropriating a sum of money to defray 
all necessary expenses. An effort was made to lay the 
resolution on the table, but there were only twelve 
votes in favor of the motion. 

Nearly all the whig members, including Mr. Young, 
voted against laying the resolution on the table, and 
supported it on its final passage. Previous to its 
adoption, he made a few remarks explanatory of his 
position. " I will go for the resolution," said he, " as it 
is. I would have the opportunity taken to evince the 
opinion of the Legislature of New York. It is known 
that I was among those who opposed the annexation 
of Texas ; but that is now a foregone act. Texas is 
now bone of our bone, flesh of our flesh ; and he who 
invades any portion of her soil, invades our territory — 
invades a part of the United States. I will advocate 
the voting of funds — the levying of troops to protect 
her rights, and to secure her territory from invasion. 
No man can doubt, — it is now past doubt, that we are 
in a state of war. The country is invaded, — the rights 
of our country, of our citizens, have been trampled 
upon, — and I will sustain the country, * right or 
wrong.' " 

These remarks were undoubtedly made on the spur 
of the moment, and without premeditation. But Mr. 
Young never had leason to regret them. The closing 
sentiment has often occasioned remark, and not unfre- 
quently censure. Construed, however, in the spirit in 



808 JOHN YOUNG. 

which it was uttered — as indicating the duty of the 
good citizen to waive his individual opinions when 
called upon by the action of his government to support 
it against a foreign power — it is so near akin to patri- 
otism, that it must find a response in the breast of 
every one who loves his country, 

Mr. Young voted for the law abolishing distress for 
rent, at the session of 1846; and generally by his 
votes and speeches, indicated his strong disapprobation 
of the tenures by which the manorial lands v»'ere held 
by the tenants, and his readiness to afford them every 
aid and protection consistent with the provisions of 
tfie constitution. He also expressed himself in favor 
of amending that instrument, so as to protect them 
still further, and approved of the changes made by the 
convention of 1816. 

He was not a member of the constitutional con- 
vention, but the new constitution, in all its essential 
features, except the financial article, received his hearty 
approbation and support. 

The distinguished ability which he had evinced, at 
the legislative sessions of 1845 and 1846, brought him 
prominently before the people of the state, and gave 
him an elevated position in his own party. It was 
well understood, that IMr. Fillmore did not desire to be 
again a candidate for governor, and the name of Mr. 
Young was often mentioned in connection with that 
office, long before the assembling of the whig state 
convention. That body met at Utica on the 23d 



ELECTED GOVERNOR OF NEW YORK. 809 

of September, 1846. As in the democratic party, 
there were two factions among the whigs. The one, 
headed by Millard Fillmore, Luther Bradish, and John 
A. Collier, may be called conservative whigs ; and the 
other, or the radical whigs, was led by Ex- Governor 
Seward, Thurlow Weed and others. The latter were 
more friendly to abolitionism, and the anti-renters, 
than the former, and, of course, were influenced in 
their political action by a strong desire to advance the 
fortunes of their leader, Mr. Seward. The conserva- 
tives, on the other hand, were not partial to Mr. Sew- 
ard. 

Upon the anti-rent question, Mr. Young sympathized 
with the radical whigs, though Mr. Seward was not an 
especial favorite with him. In the state convention, 
however, he was supported by the radicals, and warmly 
opposed by the conservative whigs, who insisted on 
supporting Mr. Fillmore in opposition to his wishes. 
The whig anti-renters finally decided the question of 
the gubernatorial nomination, by surrendering their 
own candidate, Ira Harris, and voting for Mr. Young. 
The latter was nominated for governor on the third 
ballot, by a vote of seventy-six to forty-five for Mr. 
Fillmore. Hamilton Fish, of New York, a prominent 
conservative whig, was then put in nomination for 
lieutenant-governor, at the instance of Mr. Young's 
friends, in order to conciliate the faction to which he 
belonged, 

Silas Wright and Addison Gardiner, the incumbents 



810 JOHN YOUNG. 

of the two principal offices in the state, were supported 
for reelection by their democratic friends. The anti- 
renters also held a convention, at which Mr. Young 
and Mr. Gardiner were nominated as their candidates. 
The Native Americans, a party opposed to the election 
of citizens of foreign birth to office, and in favor of 
amending the naturalization laws so as to require a 
longer residence in the country on the part of an alien, 
and which had for the first time taken part in the 
elections in 1843, also presented candidates for gov- 
ernor and lieutenant-governor ; and the abolitionists, 
too, entered the field with their ticket. 

But the votes of the anti-renters, and the disaffec- 
tion in the democratic ranks, decided the result of the 
election. Mr. Young was chosen governor over Mr. 
Wright, by upward of eleven thousand majority, and 
Mr. Gardiner, the democratic candidate for lieutenant- 
governor, succeeded over Mr. Fish. 

Governor Young's first annual message, delivered at 
the opening of the annual session of the Legislature, 
in January, 1847, was clearly and concisely written. 
He presented a gratifying picture of the financial con- 
dition of the state, but urged the importance to the 
public interests, in his estimation, of an early comple- 
tion of the public works. To this end he suggested, 
that if the provisions of the new constitution were too 
stringent, they might be amended and modified. The 
war with Mexico was then a topic widely agitated, 
and he availed himself of this occasion to repeat the 



MESSAGES. 811 

views he had before advanced in the Legislature of 
1846. He reminded the members of the Legislature, 
that it had imposed " new and delicately interesting 
duties" upon them. " It may," said he, " and probably 
will, in its progress, claim further sacrifices from this 
state, and I will rely with the utmost confidence upon 
your readiness, as the representatives of a gallant and 
patriotic people, to discharge with alacrity any duty 
that may be cast upon you. The country, always in- 
disposed to war, would receive with joy, intelligence 
of an honorable peace. But to render peace honor- 
able, I think she would demand, and has a right to re- 
quire, that it shall be accompanied with such indemnity 
as upon the page of history will be evidence of an 
acknowledgment by Mexico of the superiority of our 
arms. But of the character and extent of such indem- 
nity, I may not speak in this communication. With 
return of peace will come a season for calm delibera- 
tion and searching inquiry. The causes, the conduct 
and result of the war, may be then properly and use- 
fully investigated. But until our enemy shall have 
been subdued, discussions involving collisions of opin- 
ion at home, cannot fail, by exciting false expectations 
in Mexico, to embarrass negotiations for peace. I 
confidently trust, therefore, that such discussions will 
not be allowed to distract your deliberations. So long 
as there is an enemy in the field, I feel assured that 
we shall look only to the honor of our flag." 

In his second annual message, he repeated the same 



812 JOHN YOUNG. 

general sentiments, both in regard to the war, and the 
canal and financial policy of the state. During his 
whole term, the Legislature was mainly occupied in 
the passage of laws, rendered necessary in order to 
carry out the provisions of the new constitution. In 
accordance with the opinions he had expressed, reso- 
lutions were adopted at the session of 1847, declaring 
it to be the imperative duty of every good citizen, to 
sustain the government in the prosecution of the war, 
and that no peace would be honorable that did not 
secure full indemnity for the aggressions of Mexico. 
About this time, the question of the extension of 
slavery to the territory, which, it was anticipated, 
would be acquired from Mexico, began to be agitated ; 
and resolutions were adopted, in the New York Legis- 
lature, in 1847 and 1848, which accorded with the 
views of the governor, instructing the senators and 
representatives from this state in Congress, to vote for 
the prohibition of slavery in such territory, by the law 
providing for the acquisition. 

The administration of Governor Young was, in the 
main, successful. His position was favorable : foras- 
much as the constitution had deprived the executive 
of nearly all the official patronage formerly attached 
to the office, it was scarcely possible for him to make 
many enemies by his appointments. He aimed to 
pursue an entirely independent course in respect to 
the distribution of the few offices placed at his dispo- 
sal ; and it is said, by his friends, that when the editor 



HIS rosiTioN. 813 

of a leading journal belonging to the Seward, or radi- 
cal faction, once attempted to influence him in an im- 
portant appointment, his cutting rebuke — "Mr. , 

I am governor !" put an end to all attempts to inter- 
fere with him in the performance of his duties. 

Soon after he entered upon the office of governor, 
he pardoned the leading anti-renters, who had been 
tried and convicted during the administration of 
Governor Wright, justifying his action upon the ground 
that their offences were political. His course in this 
respect did not meet the approbation of the conserva- 
tive whigs, though it was sufficiently evident, long be- 
fore the close of his administration, that he heartily 
sympathized with them upon other questions. His 
views in regard to the war with Mexico, and his re- 
fusal to make his appointments in accordance with 
the wishes of the friends of Mr. Seward, were not at 
all satisfactory to them, though no open rupture took 
place. He did not desire a renomination ; conse- 
quently, the harmony of the party was not disturbed 
by any considerations merely personal to himself 

He advocated the nomination and election of Gene- 
ral Taylor in 1848, not because he did not heartily and 
sincerely concur in the political opinions of Henry 
Clay, nor entertain the highest admiration for his 
character and talents ; but he believed the former to 
be the most available candidate. So well known 
were his preferences for Mr. Clay, that after the elec- 
tion of General Taylor, the friends of Mr. Seward op- 



814 JOHN YOUNG. 

posed his appointment to any important office under 
the new whig administration. His shrewdness and 
sagacity, however, proved too strong for their influ- 
ence, and he was appointed Assistant Treasurer in the 
city of New York, in the place of ex-Governor Bouck, 
who was removed from the office, and entered upon its 
duties in July, 1849. 

Since then, he has not interfered actively in the 
political contests of the state, though at no time con- 
cealing his opinions on any subject when it seemed to 
him to be proper to express them. Though he ap- 
proved of the principle of the Wilmot Proviso, he was 
well satisfied with the compromise measures adopted, 
through the instrumentality and effi^rts of Mr. Clay, at 
the session of Congress in 1849-50, and rejoiced to 
see the agitation on the slavery question subside. 
While he lamented the untimely death of General Tay- 
lor, he was glad to see the presidential office filled by 
his friend, Mr. Fillmore. Cordially approving of his 
course and measures, he is recognized as a national 
whig, and is admitted to hold a high position in that 
faction. He has been recently complimented with a 
public banquet by his political friends in the city of 
New York, at which he delivered an able speech re- 
viewing his own political course, expressing his satis- 
faction at the secession of the national or conservative 
whigs from the state convention of their party in 1850, 
and declaring it to be his intention and determination 



MARRIAGE. 815 

to follow the distinguished leader of the whig party in 
the nation, Henry Clay. 

" It does not become the biographer," says a writer 
in the American Encyclopaedia, " to pronounce a de- 
cisive judgment until the career of his subject is 
closed ;" and if the merits of Governor Young shall 
obtain the desert to which, in the opinion of his 
friends, they are entitled, the better part of his politi- 
cal career is yet before him. Hence, it may not now 
be appropriate, to present a detailed review of his 
course and character. A shrewd political tactician, 
ambitious and enterprising, determined and unyielding, 
frank and affable in his manners, and with his high 
talents possessing a simplicity of character calculated 
to win respect and esteem, and to add to his considera- 
tion and popularity, who can say what other honors 
the future may have in store ? 

He was married, in 1833, to Ellen Harris, a daugh- 
ter of Campbell Harris, of Yorke, Livingston county. 
They are the parents of four children, who are now 
living. 



HAMILTON FISH. 

This gentleman is a native of the city of New York, 
where he was born in the year 1809. His family be- 
longs to the old school, and has ever been held in high 
consideration, for its standing, wealth, and respecta- 
bility, — qualities which, in their descendant, have 
served to place him in an enviable position, and to 
secure him a large share of popular favor. 

He was educated at Columbia College, where he 

j maintained an excellent character for scholarship, and 

' for punctuality in his attendance upon all the collegiate 

exercises. Having graduated, he commenced the study 

of the law in his native city, which he pursued with 

diligence and attention ; and at the May term, in 

] 1830, he was examined and admitted as an attorney 

of the Supreme Court of the State. Three years 

later, he was regularly enrolled among the counsellors 

of that court. 

Though his natural abilities, improved as they had 
been by the educational advantages he had enjoyed, 
eminently fitted him for the career on which he had 
entered, the cares and responsibilities of a large prop- 
erty that devolved upon him soon after he commenced 




p. 



/flurffmlJf (rrpt'rn or of NcnYnih 



~^<fA- ''r.AfiAp/mJ/IJi'asTai/f 



MEMBER OF CONCnESS. 817 

practice, prevented him from devoting that time and 
attention to the legitimate pursuits of his profession, 
which are necessary to obtain its highest honors. 
While he continued at the bar, however, his business 
was both considerable and lucrative, and he was de- 
servedly respected and esteemed, for his talents and 
his integrity, and for the fidelity and promptitude with 
which he managed the interests committed to his 
charge. 

He became interested in politics shortly after leav- . 
ing college ; though he has never been a partisan, but 
has always had the reputation of being a candid, inde- 
pendent, and high-minded politician. He was for sev- 
eral years a commissioner of deeds in and for the city j 
and county of New York, and, having attached him- I 
self to the whig party, was presented as one of their j, 
candidates for the Assembly, from that city, in the fall • jl 
of 1837, and was elected by a respectable majority. j 

His course in the Legislature afforded entire satis- ji 

faction to his party friends. He cannot be said to ji 

ij 
have distinguished himself in debate, but his consist- jj 

ency as a politician, his decision of character, and his | 

business tact and ability, gained him a prominent place \\ 

among the whig members of the Assembly, and the j| 

favorable regard of those to whom he w^as particularly j 

responsible for his conduct. ji 

In 1842, he was chosen a member of Congress from j 

the sixth district, comprising the upper wards in the | 

city of New York, except the thirteenth and four- 1 

35 



52 



818 HAMILTON FISH. 

teenth, over John M'Keon, the democratic candidate, 
who was then representing the district. His majority 
was small, but his election was considered a great tri- 
umph by his friends, as the majority of Governor 
Bouck over Mr. Seward, in the same district, was 
about twelve hundred. This result, however, must 
not be attributed entirely to the personal popularity 
of Mr. Fish, since it was owing, in a great measure, to 
the Native American party, whose principles and ob- 
jects he in the main approved, and who gave him 
their support at the polls, while they withheld it from 
the whig candidate for governor. 

The same character for ability and usefulness which 
Mr. Fish enjoyed in the Legislature, he maintained as 
a member of the 28th Congress. He w^as a member 
of the military committee, and discharged all and 
every duty of his position with commendable punctu- 
ality and correctness. Though not preeminent among 
the many distinguished whig politicians then in Con- 
gress, his standing was alike creditable to him, and to 
the constituency whom he served. 

At the close of his term he retired to private life, 
without any lingering feelings of regret that he no 
longer occupied an official station. But his numerous 
political friends in the city of New York were by no 
means disposed to surrender their claims upon him. 
Without any solicitation on his part, he was nominated 
as the whig candidate for lieutenant-governor, at the 
state convention in 1846, on the Scime ticket with John 



CHOSEN LIEUTENANT-GOVERNOR. 819 

Young. TliG anti-renters adopted the democratic 
candidate, and he was elected over Mr. Fish by upward 
of thirteen thousand majority. 

The latter was a candidate for the same office, at 
the November election in 1817, to fill the vacancy oc- 
casioned by the resignation of Mr. Gardiner. The 
whig ticket succeeded on this occasion, by a very large 
majority, averaging about thirty thousand, in conse- 
quence of the divisions in the democratic party. Mr- 
Fish presided over the state Senate, at the legislative 
session of 1818, winning "golden opinions from all 
sorts of men," by his gentlemanly courtesy and digni- 
fied urbanity. 

Mr. Younsi was not a candidate for renomination in 
1848> and Mr. Fish, as the lieutenant-governor, occu- 
pied a position that naturally attracted the attention of 
his party to himself. The whigs were divided into 
two factions; the conservatives, afterward known as 
national whigs, and the radical whigs, or the particular 
friends of Mr. Seward. The sympathies of Mr. Fish 
were understood to be with the former, but however 
decided in his convictions, he was moderate in the 
expression of his opinions, and by his conciliatory 
course and manners, had secured the good wishes of 
both factions. His friends in the city of New York 
urged his nomination for governor with much earnest- 
ness, and such was his general popularit}' among the 
whigs of the state, that it was conceded to him with- 
out opposition. 



820 



HAMILTON FISH. 



The whis state convention was held on the 14th of 
September, and Mr. Fish was nominated for governor, 
and George W. Patterson for lieutenant-governor. 
The democrats had now divided into two parties, each 
presenting its particular candidates, and the success 
of the whig ticket was a matter of course. The vote 
given for Mr. Fish was considerably less than that 
given for both the democratic candidates, John A. Dix, 
and Reuben H. Walworth, but his plurality over either 
of them w^as very large. 

He took the oath as governor, on the 1st day of 
January, 1849. In former years, the position he occu- 
pied had abounded in embarrassments, occasioned by 
the numerous applications for office, all which could 
not be successful; and in choosing from among them, 
it was difficult for the most honest impartiality always 
to decide aright, and impossible not to incur the secret 
or open hostility of the disappointed. This v/as no 
longer the case. The office of governor, under the 
constitution of 1846, was made one of honor rather 
than of patronage. A fruitful source of discontent 
and dissatisfaction had been removed, and the occu- 
pant of the gubernatorial chair, even if possessing only 
moderate tact and ability, "while he might not add to 
his friends, could easily avoid increasing the number 
of his enemies." 

Governor Fish, therefore, found no difficulty in pur- 
suing that moderate and neutral course which he had 
marked out for himself His only embarrassment was 



VIEWS ON THE SLAVERY aUESTION. 821 

produced by the repeated solicitations made by the 
radical, or conservative factions, in his party, to exert 
his influence in favor of one or the other; but he at all 
times firmly and steadily refused to take any part in 
the contests and divisions the occurrence of which he 
so much regretted. Accordingly, his conduct was 
generally approved, and his administration passed 
away quietly and harmoniously. 

His messages indicate the possession, on the part of 
their author, of high literary abilities, and were much 
commended both for their style, and for the modest 
tone in which they were written. In regard to the 
finances of the state, he contented himself with plain 
and succinct statements of their condition, without 
giving expression to his individual opinions. 

During his entire administration, the slavery question 
v/as agitated in Congress and throughout the Union. 
He was early committed, as was the whig party of 
New York, in favor of the principle of the Wilmot 
Proviso. In both his messages, he alluded to this sub- 
ject, on each occasion expressing his decided opposi- 
tion to the extension of the slave territory. His re- 
marks on this exciting question were conservative in 
their tone, though indicating the firmness of his con- 
victions, and the determination with which they would 
be maintained. The annexed extracts from his mes- 
sages exhibit his views on this question, and will also 
show his style as a writer. 



822 ■ HAMILTON FISH. 

" The ' compromises of the constitution' as they are familiarly termed, 
do not of right extend to territory beyond the limits of the original 
thirteen state.-?, 'flie privileges which they concede may be granted, 
but cannot be claimed for any newly acquired territory. * * * 

" If there be any one subject upon which the people of the state of 
Xew York approach near to unanimity of sentiment, it is in their fixed 
determination to rtsiat the extension of slavery over territory now free. 
With them it involves a great moral principle, and over-rides all ques- 
tions of temporary and political expediency. None venture to dissent ; 
and in the mere difference of degree in vhich the sentence receives 
utterance, it has proven powerful, even to the breaking dotvn of the 
strong barrier of party organization. * * * * 

"They are now asked to become parties to tlie extension of slavery 
over territory already free. Their answer may be read in their past 
history. I believe that it is almost, if not entirely, the unanimous de- 
cision of the people of this state, that unJer no circumstances will 
their assent be given to any action whereby the institution of slavery 
shall be introduced into any part of the territory of the United States, 
from whicli it is now excluded. * * * * 

" It is no new declaration in behalf of the State of New York, that 
she regards slavery as a moral, a social, and a political evil. * * * 

" Regarding it as a domestic relation, founded upon and limited to 
the range of the territorial laws of the state, — depcndint for its con- 
tinuance and its regulation ui)0n the legislation of the several states, — 
New York exercised her exclusive power over the institution within 
her own borders, but has carefully avoided any interference with the 
right of other states to regulate their internal policy in their own way ; 
not because her repugnance to human bondage, or her attachment to 
the principles of universal freedom, were confined to the limits of her 
own jurisdiction ; but because of her attacluuent to the Union of the 
states, and because of her solemn regard for the compact into which 
she had entered with those states. 

" But while she has scrupulously abstained from all interference with 
the internal legislation of her sister states, her voice has been fre- 
quently raised in behalf of human freedom, and in opposition to the 



VIEWS ON THE SLAVERY aUESTION. 823 

extension of slavery beyond the limits of those states within -which it 
has heretofore been sanctioned. Her expressions on this point have 
been frequent and emphatic, and their repetition at this time will not 
be unexpected. * « * * 

" She did not stop to consider the magnitude or the frequency of the 
concessions which she was making, and the merely political advantages 
which she was voluntarily relinquishing ; nor does she now consider 
them. But she docs stop before consenting to be a party to what she. 
deems a wrong, and such she considers would be the attempt to estab- 
lish slavery, under the sanction, or with the assent of the General 
Government, within any portion of the territories of the United Statea 
whence it is now legally excluded. * * * * 

"By the treaty with Mexico, the territories of New Mexico and C;U 
ifornia came to us free ; and the laws of Mexico abolishing slavery, 
v/hich were in force at the time of the cession, continue to be opera- 
tive, and are not affected by any transfer of sovereignty over the ter- 
ritory. * * » * 

" Congress cannot, without a transgression of its constitutional pow- 
ers, establish slavery within this territory ; nor can it, without the 
violation of the principles of justice, and an utter disregard of the 
wishes of the people, and of the protection which it is bound to extend 
over the territory to which it has acquired the title, refuse admission 
to the new state, or countenance or sanction in any way, the introduc- 
tion of slavery within the territory. And without the sanction and 
the assent of Congress, tliese newly acquired territories are secured to 
freedom, and must remain as they now are, exempt from the institution 
of slavery. 

"The emphatic voice of the Legislature of the state of New York, 
expressed in the rcsolutirms passed at their last two sessions, and the 
nearly unanimous sentiment of the people of our state, have declared, 
that under no circumstances will their assent be given to the extension 
of slavery into these territories, from which it is now excluded. 

" New York loves the union of the states. She will not contemplate 
the possibility of its dissolution ; and sees no reason to calculate the 
enormity of such a calamity. 



824 HAMILTON FISH. 

" Slie also loves the cause of Human Freedom ; and sees no reason 
to abstain from an avowal of her attachment. While, therefore, she 
holds fast to the one, she will not forsake the other." 

Among the recommendations of Governor Fish 
which deserve to be noticed, are the endowment of a 
state agricultural school, and a school for instruction in 
the mechanic arts — the I'cstoration of the office of 
county superintendent of common schools — the revision 
and alteration of the laws authorizing taxes and assess- 
ments for local improvements — the more general and 
equal taxation of personal property — the establishment 
of tribunals of conciliation in accordance with the pro- 
visions of the constitution of 181G — and tlie modifica- 
tion of the criminal code. 

Since the retirement of Governor Fish from the 
executive chair, he has been supported by the whigs? 
in the Legislature as their candidate for senator in 
Congress, to succeed Daniel S. Dickinson. He was 
regularly nominated in the whig caucus by a large 
majority, but the attempt to elect him in the Legisla- 
ture proved ineffectual, in consequence of the refusal 
of some of the national whigs to vote for him, though 
he had always before been a favorite with that faction, 
unless resolutions were first adopted approving and 
endorsing the administration of Mr. Fillmore. No 
doubts were expressed, that he would not sustain the 
whig president, but some urged as an objection that he 
had not committed himself against Mr. Seward ; and 



CONCLU^^ION. 



825 



this, probably, was the cause of the opposition to his 
election. 

It is difficult to describe a character, like that of Gov- 
ernor Fish, possessing no salient points, but presenting 
a happy admixture of all good qualities. It cannot be 
doubted that he cherishes an honorable ambition, and 
being still a young man, his character and career are 
yet to be fully developed. Extended remarks upon 
them now may, therefore, be considered premature ; 
and the following extracts, from an article that ap- 
peared in a New York paper while he was governor 
of the state, and evidently the production of a friend 
and admirer, though no more than a just tribute to the 
man, will not inappropriately conclude this memoir : 

" As a politician, he is ranked with the whigs ; and, 
whilst he maintains the principles of his party, he 
zealously endeavors to promote the best welfare of the 
whole people. Governor Fish cannot be regarded as 
an ultra or despotic partisan. Indeed, all of his official 
acts have thus far been distinguished by moderation — 
by a fixed determination to extend equal benefits to 
all, and achieve, if possible, the greatest good of the 
greatest number. Since he has been in office he has 
evidently studied to abate the evils that are too com- 
monly engendered by cliques and cabals ; and, if he 
shall succeed in this, he will have restored the local 
government of New York and the institutions of the 
State to their pristine purity. * * * His personal 
appearance is imposing and manly : he possesses, in 
35* 



HAMFLTON FISH. 

an eminent degree, all the graces of a finished and 
highly-educated gentleman, and no man has ever 
flourished in our local state affairs, who has been 
better calculated to secure universal personal popu- 
larity." 



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The Lives of Mary and Martha, mother and 
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"too partial friendship has assigned her" faultlessly, would perhaps be too 
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The design of the volume is, to picture a mother fitting the " Father of his 
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BOOKS RECENTLT PUBLISHED BT DERBY & MILLER. 

The Young Man's Book : or Lectures for the Times. 
By William W. Patton. One 12mo. vol. 

Thn lectures contained in this volume are not made up of merely common placs 
remarks. They are elevated in senlimenl, chaste in style, and impressive in manner. 
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all young men who are anxious to rfo and be something in this universe, to cultivate 
an acquaintance with Mr. Patton or his book. —Bcs/on Chronotype. 

There are seven lectures in this volume devoted to subjects rather unusual in a 
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In design and execution it is worthy to go side by side with the late popular and 
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ture is well suited to our columns and we hope to give it a place ere long. — A''. Y. 
Advocate and Family Guardian. 



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The Life of the Empress Josephine, first vrife 
of Napoleon. By P. C. Headley. 12mo., pp. 378. 
Derby, Miller & Co., Auburn, New York 

There are few of the female characlers of modern history whose lives abound with 
more interestin;j events than that of the Empress Josephine. Her whole course was 
one of romantic, and also of tragic interest. If the illustrious husband was eminent, 
far above all other men of his time, for vast miellect and prodigious achievements, 
Josephine seemed, in the more lofty and majestic traits of character, to transcend ihe 
most distinguished of her female cotemporaries. Like her husband, she is a great 
Bubject for biography. Many uiemoira have been written of her, possessing more or 
less merit, but none have been without interest. The author of the present book has, 
we think, been very successful. Ir is by far the most interesting history of Josephino 
that we have yet seen. He seems to have had recourse to the best sources for his 
materials, which he has combined and put together with skill and judgment. His 
Etyle is flowing, elegant, and often eloquent. In short, it is a book well worth read- 
ing. It will not fail to attract the public attention. As to the mechanical execution 
of the book, it is but justice to the proprietors to say, that it will compare favorably 
with the productions of the press of any city in the Union. It contams a fine mezzo- 
tint portrait of Josephine, showing a beauty of person equalled only by the moral 
grandeur of her character. — Washi7i§ton Union. 

It is not without its sparkling gems. Occasional flashe.i of thought make the rea- 
der pause to contemplate their freshness and beauty, and reveal a well-stored mind 
in sympathy with the noblest human trails, in close communion with the glories of 
nature. Hia text, too, is happily chosen. Who has not felt a lingering, peculiar, 
undefinable interest in the highly extraordinary and tragic career of the Empress 
Josephine 7 Would it not extend this notice too far, we should like to touch the more 
prominent of the many eventful passages which marked the history of this remark- 
able child of superstition, to gaze for a n.oment upon the vascillating star of her des 
tiny, and trace its luminous ascent from the veriest depths of agonizing gloom and 
despair, to the loftiest pinacle of world,'y splendor and renown, where she grasped 
for a moment the fleeting phantom of happiness, only to sink again into the arms of 
misfortune, and feel still more keenly the bitter pangs of adversity. But all this will 
be found in a very readable form in this interesting volume, and we cheerfully com- 
mend it to notice.— C/iica Observer. 

We do not know of a biography of this important and interesting personage, so 
complete in its historic details, and so congenial to the spirit of her life, as this : 
while it has also the advantage of a popular style, and of that view of the subject 
which accords with the general sentiment. Mr. Headley writes in a clear, well-sus- 
tained and engaging style— evidently entertaining a warm approbation of his subject, 
and alive to the eubliniiiy and purity of her life. Treating of one of the most impor- 
tant epochs of French history, the work is finely adapted to enlist the interest of the 
reader, and to supply a kind and degree of information not readily accessible elsc- 
whero. It can hardly fail of proving a highly popular, as it is a highly creditable 
work.— iV. Y. Evangelist. 

The writer of this book is a brother of J. T. Headley, the author of" Napoleon and 
his Marshals"—" Washington and his Generals," <fcc. There is a strong family re 
semblance between the two. The qualities which have given such a wide celebrity 
to the one, seem to be fully enjoyed by the other. Both brothers are characterized 
by that peculiar vividness and, so to speak, intensity of style which always makes a 
book readable and interesting. The '• Life of Josephine" possesses much of this pe- 
culiar charm. The author has studied his subject well and could hardly have chosen 
a better one to write upon. Josephine is a charmed name to many hearts. There 
are few Who do not feel an interest in her singularly eventful career. At first the 
daughter of a West India planter,— then the wife of a French nobleman,— anon the 
consort of Gen. Bonaparte and afterwards Empress of France ; — her picture presents 
us with a scene of constantly increasing brightness, where the dark shades never 
chase away the light, till we behold her ending a career of dazzling splendor as a de- 
throned Empress and repudiated wife. Josephine was in many respects a model of a 
voma.n.—Amh&Tst Express. 



BOOKS RErENTLY PUBLISHEU BY DERBY & MILLER. 

Headley's Women of the Bible : Historical and 
descriptive sketches of the Women of the Bible, as maidens, 
■wives, and mothers; from Eve of tlie Old, to the Marys of 
the New Testament: by Rev. P. C. Headley, in one Initio 
volume, illustrated — uniform with "Headley's Sacred 
Mountains." 

The author of this work possesses enough traits of resemblance to the author of ' 
the Sacred Mountains, to leave no doubt of his right to the name of Ileadley. Tliere 
is much of that spirited descriptive power, which has made the elder brother a 
popular favorite, and gives promise of a successful career on his own account. The 
sketches are brief, and embody all the historic incidents recorded of them. — New 
York Evangelist. 

A younger brother of J. T. Ileadley is the author of this beautiful volume. It will 
probably have a larger circulation than the splendid work issued last fall by the 
Messrs. Appleton, being better adapted for the general reader, in form and price, 
while it is ornamental enough for the centre table. It contains nineteen descriptive 
biographical sketches, arranged in chronological order, including nearly all the 
distinguished women of the sacred annals, and forming an outline of Scripturs 
history. The illustrations are from original designs, and are numerous and appro- 
priate. No ordinary powers of imagination and expression are shown in the vivic 
and picturesque descriptions ; and the line portraitures of character rivet thi 
interest, and set forth the Scripture delineations in a stronger light. Li this respec. 
the book has no rival, for no other is so complete, following so closely at the same 
time, the sacred narrative. We hope it is but an earnest of other works from tho 
pen of its gifted author — Home Journal. 

We were so struck with the title of this work, and the prepoesesping appearance 
of its typography, that we have so far departed from the usual course adopted in 
like cases, as to read carefully the work in hand, beibre recommending it to our 
readers. And we are prepared to say, that a more attractive volu.me has not fallen 
in our way for a long time. It is made up of brief historical and descriptive eulogies 
of the most remarkable females of a most extraordinary era in the world's history. 
The author has appropriated very much of the poetry and romance of the Bible, in 
the sketches he has given of nineteen women, who have come down to us through 
their peculiar merits, embalmed in sacred inspiration. Whoever reads tlie story of 
Sarah, the beautiful Hebrew maiden, the admiration of the Chaldean shepherds and 
the pride of her kindred ; or of Rebecca, whom the " faithful steward of Abraham " 
journeyed to tho land of Nahor and selected as the bride of Isaac, and who, it is 
said, "was xery fair to look upon;" or of Rachel, the beautiful shepherdess who 
tended her lather's flocks in the valley of Ilaran ; or of Mcrriam, Deborah, .leptha'a 
Daughter, Delilah, Ruth, Queen of Sheba, the Shunamite, Esther, Elizabeth, Virgin 
Mary, Dorcas, and others — will read a story far more interesting and attractive than 
any romance or novel. Every young lady in town should read this work ; and wo 
will venture to say that they leill do .so if they but ouce get hold of it, for it is a book 
that camiot be laid aside. — Oswego Times. 



BOOKS RECENTLY PUBLISHED BY DERBY & MILLER. 

Golden Steps to Respectability, Usefulness and 
Happiness ; being a series of Lectures to the youth of 
both sexes on Character, Principles, Associates, Amuse- 
ments, Religion, and Marriage. By John Mather Austin. 
Derby, Miller & Co., Aubui-n, 1850. 243 pp. 

The author of this book is a writer of superior attraction, and has here eelccted a 
subject of deep interest. Could the youth of tlie country be induced to exchange tha 
Buntline, Lippard, and Ingraham literature of the day, for such reading as this, tho 
benefits lo themselves and society would be incalculable.— Z/Oc/:jjor< Courier. 

We honor the heart of the writer of this volume as well as his head. He has here 
addressed an earnest and manly appeal to the young, every page of which proves his 
eincerity and his desire for their welfare. The subjects treated of in the different lec- 
tures are those indicated on the title page. Integrity and virtue, usefulness, truth 
and honor, are the " Golden Steps " by which the young may ascend to respectability, 
usefulness, and happiness. We trust the seed thus sown will not be without its fruit, 
and that his readers will imbibe the spirit of the motto he haa chosen — 
" Onward ! onward ! toils despising, 
Upward ! upward ! turn thine eyes, 
Only be content when rising, 
Fix thy goal amid the skies." 
—Albany State Register. 

The work of Mr. Austin, written in a pleasing style, and nervous and pointed in its 
argumentation, will hold a prominent position among the fortunate endeavors by 
which the rising generation are to be inlluenced. The volume before us is beautiful 
in its exterior, and this, combined with the aim of the author, in which he has admi- 
rably succeeded, will give it a wide range, and secure for it, we hope, an invaluable 
int\\iei\ce.— Buffalo Christian Advocate. 

A plain, familiar, forcible exposition of the duties and responsibilities of Youth, 
which can hardly be read without exerting a salutary and lasting influence. Judging 
from the popularity of Mr. Austin's former works, we predict for it a wide circula- 
tion. — Neu> YoWc Tribune. 

If the precepts eloquently and forcibly urged in these pages could be brought homo 
and impressed upon the minds of the mass of youth in our land, they would confor 
lasting and incalculable benefits upon the rising generation. We cordially commend 
this work to the attention of the young and all who have charge of them. 
■ The publishers have executed their work admirable, and have brought out an elc- 
«;ant and beautiful book. Their work will compare favorably with any of the New 
York houses.— 2Voi/ Post. 

The following extract has reference to the " golden steps" of the President of tha 
Ignited States, Millard Fillmore :— (Sec page 69.) 



